NYC Window Guard Rules for Landlords

In NYC buildings with three or more apartments, the owner must install approved window guards on every window of a unit where a child age 10 or younger lives, and in any unit where a tenant asks for them in writing. Windows that open onto a fire escape (and a designated secondary exit window on the first floor) are the main exceptions; you must send a window guard notice every January and with every new lease.

The rules come from Health Code §131.15, Administrative Code §27-2043.1 and Chapter 12 of Title 24 of the city rules, enforced by the Health Department (DOHMH) and by HPD through Class C violations. DOHMH revised the rules effective January 1, 2026, including new requirements for balcony windows and air conditioners.

The notice calendar

1. At lease signing

   Lease Notice to Tenant

   Every new lease must include the window guard notice (DOHMH Appendix A). If there is no lease, give it when occupancy starts.

2. Jan 1–15

   Annual Notice to every unit

   By first-class mail, hand delivery, e-mail or text with the tenant’s written consent, or with the January rent bill if delivered Dec 15–Jan 16. Older buildings use the combined lead and window guard form (Chapter 12 allows combining for pre-1960 buildings; DOHMH and HPD offer the joint form for pre-1978 buildings).

3. Jan 1–Feb 15

   Reminder notice

   Remind all occupants (posting in common areas counts) that notices are due Feb 15, that you must inspect if one isn’t returned, and that you must install and maintain guards.

4. After Feb 15

   Inspect non-responding units

   Check whether a child lives there and whether guards and air conditioners are properly installed.

5. By Mar 1

   Report refusals to DOHMH

   If you still can’t get in, report the unit with the dates and methods of at least three contact attempts (online form for 20 units or fewer; data file for more).

Notices must be in English, Spanish and any other language commonly spoken in the community, on DOHMH's wording without changes. DOHMH's owner page says to deliver between January 1 and 15; the Chapter 12 text says January 16. Aim for the 15th.

Which windows need guards

Approved guards and correct installation

• Use only guards registered with DOHMH; each carries a die-stamped registration number visible from inside the room.
• No opening may exceed 4½ inches between the guard, the frame, the sill and any movable sash.
• Install stops so the lower sash can't rise more than 4½ inches above the guard's top bar.
• Use the manufacturer's one-way screws, counter-sunk flush. In wood frames, at least #10 screws reaching 1 inch into the frame.
• Mount only in sound frames. Repair or replace a frame that isn't intact first.
• Security or ornamental bars count only if tested and registered, and you must inspect and test them every year.

What you can and can't charge

Chapter 12 bars any pre-condition on installation, including requiring payment first, and you can't tell a tenant guards are optional. DOHMH says you may bill the tenant for guards in their apartment after installation, but not for guards in public areas, not a new tenant for guards already there, and not for replacements during renovation or window replacement. For rent-stabilized and rent-controlled units the charge is a temporary surcharge of no more than $10 per guard, payable at once or over one to three years, and it never becomes part of the base rent.

Fines and violations

DOHMH civil penalties under Chapter 12 are $500 per unit per year for a missing notice, $500 per violation per year for a missing reminder, and $500 per unit per year for using an unapproved form. If you can't show proof of delivery within 5 business days of a DOHMH request, the law treats the notice as never sent. Keep proof of delivery and returned forms until April 1 of the second year after the notice year. DOHMH also says window falls involving children 16 or younger must be reported to it, within 24 hours in buildings with three or more units.

HPD inspects too. From October 1, 2025 through September 30, 2026, HPD wrote 5,761 violations that mention window guards; 5,709 of them were Class C, mostly order 790 ("install the missing or repair/replace the defective window guards").

Window guard violations show on your building's Roofy page like any other HPD violation. Read HPD violation classes for correction periods and how to certify a correction.

Window guard duty checklist

Use this each year. Progress is saved in this browser only.

Tenants have their own version of this page: NYC window guard law for apartments. Lead notices go out at the same time, so see Local Law 1 duties and put both on the landlord compliance calendar. This page is general information, not legal advice.