When Are Landlords Required to Install and Maintain Window Guards in NYC Apartments?

Window falls are a serious danger in New York City, especially for young children living in high-rise apartments. To prevent these tragic accidents, New York City has strict laws requiring landlords to install and maintain window guards under specific circumstances.

NYC Window Guard Law: Landlord Obligations

Under Local Law 57 (NYC Health Code §131.15), landlords in New York City must comply with the following rules:

• Children in the Household: If a child 10 years old or younger lives in the apartment, the landlord is legally required to install and maintain approved window guards on all windows in the unit.
• Common Areas: If any child aged 10 or younger lives in the building, window guards must also be installed on all hallway, stairwell, and other common-area windows.
• Tenant Requests: Even if no children live in the apartment, any tenant may request window guards. Once requested, the landlord must install and maintain them.
• Emergency Exit Exceptions: The only exceptions are windows that open onto fire escapes or are required by law to be used as emergency exits.

These laws apply to all multiple dwellings in New York City, including co-ops, condos, and rental buildings.

Landlord Responsibility to Maintain Window Guards

It is not enough for landlords to install window guards once. The law requires that they:

• Properly install guards that prevent windows from opening more than 4.5 inches.
• Regularly inspect and maintain window guards to ensure they remain secure and functional.
• Replace defective or broken guards promptly.
• Provide annual notices to tenants asking whether children under 10 live in the apartment and whether window guards are requested.

Failure to meet these duties can expose landlords to legal liability if a fall occurs.

Tenant Rights and Safety

Tenants should be aware that:

• Window guards are free of charge when required by law.
• Tenants can request window guards at any time, even without children in the home.
• Landlords who refuse to install or maintain window guards may be in violation of NYC health and housing codes, creating grounds for a legal claim.

Legal Liability for Landlords

If a landlord fails to follow NYC’s window guard law and a child falls from a window, the landlord may be held responsible under New York premises liability law. Victims and their families may recover compensation for:

• Medical expenses
• Pain and suffering
• Long-term disability or rehabilitation
• Wrongful death damages (in tragic cases)

Why Legal Help Matters

Window guard cases often involve disputes over landlord negligence, building code compliance, and insurance company defenses. An experienced NYC personal injury lawyer can:

• Investigate whether required window guards were missing or defective.
• Document landlord violations of the NYC Health Code.
• Hold negligent landlords, property managers, or manufacturers accountable.
• Fight for maximum compensation for injured children and families.

Contact Greenstein & Pittari – Protecting NYC Families

If your landlord failed to install or maintain window guards as required by law, and a fall occurred, you may have strong legal rights.

• Local NYC offices in Harlem and across the city
• Bilingual legal services for NYC’s diverse communities
• No fees unless we win – our Fee Guarantee
• Recognized NYC injury attorneys with experience in child fall and premises liability cases

Call Greenstein & Pittari at 1-800-VICTIM2 (1-800-842-8462) today for a free, confidential consultation. We are committed to holding negligent landlords accountable and keeping New York children safe.