NYC window guard law for apartments

In any NYC building with three or more apartments, the landlord must install approved window guards on every window (except fire escape windows and a few others) in an apartment where a child 10 or younger lives. You can also ask for window guards in writing for any reason, even without children, and the owner must install them.

The rules are in the City Health Code, enforced by the Health Department (DOHMH) and HPD. A revised version of the window fall rules took effect on January 1, 2026, adding requirements for modern window designs, balcony windows and window air conditioners.

Who is covered

The law applies to multiple dwellings: buildings with three or more apartments. The owner must install guards in each window of an apartment where the owner knows, or reasonably should know, that a child lives, and wherever an occupant has requested them. Guards are also required in public-area windows such as hallways, and the Health Department notes the rule includes bathroom windows.

The Health Code defines a child as anyone 10 years of age or under. Since January 1, 2026 the Health Code uses the city's “resides” definition, which HPD describes as a child routinely spending 10 or more hours a week in the apartment, whether or not the child permanently lives there. That matters for grandparents and caregivers who look after a child during the day.

Windows that are exempt

• Fire escape windows. Guards must not be installed on windows that open onto a fire escape.
• A secondary exit window. In a first-floor apartment in a building with fire escapes, one window that serves as the secondary way out stays unguarded. The owner may choose which window.
• At or below ground level. Windows whose outside sill is at or below ground level with less than six inches of drop do not need guards.
• Emergency escape openings. Windows the Building or Fire Code requires as emergency escape and rescue openings get a special device with a release mechanism instead of a fixed guard.

Windows onto a balcony or terrace are not exempt: under the 2026 rules they must be guarded too (the Health Department describes this as applying above the first or ground floor). Screens are not a substitute for window guards.

The annual notice: dates that matter

1. At lease signing

   Lease notice

   Every new lease in a multiple dwelling must include a window guard notice. Fill it in and return it right away.

2. January 1-16

   Owner sends the annual notice

   By first-class mail, by hand, with the January rent bill, or electronically if you agreed in writing. In buildings built before 1978 the Health Department's annual form is combined with the lead paint notice.

3. January 1 to February 15

   Owner posts a reminder

   The owner must remind occupants (for example, a notice in the lobby) that forms are due February 15 and that the owner must inspect if one is not returned.

4. February 15

   Your deadline

   Sign, date and return the completed form to the owner.

5. After February 15

   Owner inspects non-responding apartments

   The owner must inspect at a reasonable time to see whether a child lives there and, if so, whether guards and air conditioners are properly installed.

6. March 1

   Access deadline

   If an owner still cannot get access by March 1, the owner must notify the Health Department.

Who pays

Your duties as a tenant

• Fill in, sign and return the lease notice and the annual notice.
• If you don't return the notice, let the owner in at a reasonable time to inspect.
• Allow access to install and maintain guards.
• Don't remove a guard or put a temporary window air conditioner in a guarded window instead. To replace a guard, a window AC must be permanently bolted in with tamper-resistant one-way screws, leave no opening over 4½ inches, have stops on the lower sash, and be inspected and approved by the owner. Sizing a unit first? Try the room AC BTU calculator.

Is your guard installed correctly?

Quick checks you can do yourself, based on the Health Code specifications:

• The guard is rigid metal (or similar), firmly attached to the window frame, with no sharp edges.
• No opening anywhere is more than 4½ inches, including gaps at the sides and above the guard when the sash is raised.
• On a double-hung window, stops keep the lower sash from being raised more than 4½ inches above the guard.
• Every openable window in the apartment is covered, except the exempt windows above.

How to get guards installed or fixed

1. 1

   Ask in writing

   Tell the owner a child 10 or younger lives or stays with you (or simply that you want guards). Keep a copy and the date.
2. 2

   Report missing or loose guards to 311

   If guards are missing, loose or leave more than 4½ inches open, file a complaint online or call 311. See how to file an HPD complaint.
3. 3

   Expect a Class C violation

   HPD writes window guard violations as Class C, the most serious class, and the law lets HPD seek penalties from owners who don't comply.

HPD wrote 5,709 Class C window guard violations in the 12 months from October 2025 through September 2026, according to its open violations data. You can see whether a building has open window guard violations on its Roofy building page, or see the trend in NYC window guard violations.

Owners can find the notice, inspection and record-keeping checklist in NYC window guard rules for landlords. This guide is general information, not legal advice; the Health Department and HPD pages are the official sources.