In buildings with at least three apartments, approved window guards are generally required when a child age 10 or younger resides in the apartment and whenever an occupant requests them. Guards belong in all required apartment and common-area windows, with specific fire-escape and emergency-exit exceptions. Confirm the current requirement in the cited agency system and in any notice issued for the property.
Check coverage unit by unit and window by window
Record whether a child age 10 or younger resides in the apartment or whether the occupant requested guards for any reason. Review every apartment window and public hallway window; screens do not count as window guards.
Windows leading to fire escapes follow special exceptions. In buildings with fire escapes, one ground-floor apartment window may need to remain available as an emergency exit. Air conditioners must be permanently and securely installed with one-way metal screws.
- Read the violation and identify every cited room and window.
- Review annual notice responses, child or resident requests, access history, prior installation records, and guard specifications.
- Inspect secure attachment, opening limits, guard condition, air-conditioner arrangements, and any impermissible substitute.
Install approved guards and document the annual inquiry
Use NYC Health-approved guards or limiting devices and follow their installation instructions. Do not install selectively in only the child’s bedroom.
- Arrange prompt lawful access and install or repair approved guards in every required location.
- Verify secure fit, spacing, fasteners, and window operation against current NYC Health requirements.
- Document the unit, window, product or installer, completion date, access, and final condition.
- Follow the HPD correction and certification process and retain the annual-notice history.
Track the annual notice and urgent incident rules
Owners must provide the annual notice between January 1 and January 15. Occupants return it by February 15, but an occupant may request guards at any time.
Falls from windows involving children age 16 or younger in buildings with three or more units must be reported to NYC Health within 24 hours, followed by the required reporting form.
Window-guard errors to avoid
Use this list as a final review before filing, paying, certifying, or closing the internal task.
- Treating screens as guards or installing guards only in selected rooms.
- Blocking a required fire-escape or emergency-exit window.
- Installing an air conditioner without permanent one-way metal screws and the required guard configuration.
- Charging a regulated tenant more than the permitted temporary surcharge or charging for an existing guard.
Keep notices, responses, installation, and inspection records
Retain the annual notice, tenant response or request, window inventory, approved guard details, installation date, photographs, repair history, and violation filing.
- Annual notice, response, and resident request
- Violation and cited-window inventory
- Access, installation, product, and inspection evidence
- Certification and HPD status
Inspect every required opening before certification
Installation closes the physical gap; the owner should still confirm every cited window, preserve the notice trail, and complete HPD’s required disposition.
A repair in the cited room may not resolve missing guards in other required apartment or common-area windows observed during inspection.
This article provides general information and is not legal advice.
