I am a landlord and own 2 NYC rental apartments in the same condominium block. The condo clock has 6 apartments. I rent 2 and I think the other 4 are all lived in by owner occupiers. I understand that where the tenant requests window guards I have to put them in. I'm happy with that responsibility. What I don't understand is my obligation if tenant doesn't want them. Is the relevant fact on... [more]
I am a landlord and own 2 NYC rental apartments in the same condominium block. The condo clock has 6 apartments. I rent 2 and I think the other 4 are all lived in by owner occupiers. I understand that where the tenant requests window guards I have to put them in. I'm happy with that responsibility.
What I don't understand is my obligation if tenant doesn't want them. Is the relevant fact on whether the landlord has 3 or more rental properties or whether the building has more than 3 apartments?
The City's website:
http://www.nyc.gov/html/doh/html/environmental/win-regs.shtml
states:
"Window Guard Regulations
The New York City Health Code [S. 131.15] requires owners of multiple dwellings (3 apartments or more) in New York City to provide, install, and maintain window guards when a child (or children) ten years or younger lives there. Tenants with no children, or none living at home, may also request and receive window guards if they want them for any reason."
I guess I don't have to install them if the tenant doesn't want them and a child of less than 10 lives there.
Any thoughts?
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Response by sohoman
about 12 years ago
Posts: 76
Member since: Mar 2013
Other NYC web pages are less exact in their wording...:
I rang the NYC helpline and they were useless. There is no address I can write into to check this and no human I can speak to to ask!! You wonder where those taxes go...
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Response by angray
about 12 years ago
Posts: 103
Member since: Sep 2011
sohoman - I think your question is if you need to install window guards for your tenants even if they do not want them. The way I read those regulations is, if there is a child under 11 then it is required, regardless if the tenant wants them or not.
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Response by selyanow
about 12 years ago
Posts: 132
Member since: Dec 2007
you need to add them unless you live in an owner occupied brownstone with only 2-3 apts I believe and they have children under 11.
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Response by alanhart
about 12 years ago
Posts: 12397
Member since: Feb 2007
The wording is quite clear.
1. It's a building of 3 or more units -- check.
2. You're the owner of apartments -- check.
3. There are children 10 or under in residence -- check.
You have to put window guards in.
The tenant-choice part only comes in if there are NO resident children under ten.
What part is at all ambiguous in your mind? Do you think the law is designed to allow parents to create life-threatening situations for their children if they so choose? Can they starve their children or drop them from the roof to see if they bounce, if that's what they elect to do?
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Response by needsadvice
about 12 years ago
Posts: 607
Member since: Jul 2010
Call the window guards department 212-566-8082 ext 7747
Law is 10 years of age or younger, not 11.
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Response by fieldschester
about 12 years ago
Posts: 3525
Member since: Jul 2013
Alan raises an interesting set of questions. What neighborhood is this in?
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Response by angray
about 12 years ago
Posts: 103
Member since: Sep 2011
needsadvice - under 11 = 10 years of age or younger.
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Response by jelj13
about 12 years ago
Posts: 821
Member since: Sep 2011
In my building you must fill out a form and sign it regarding window guards. They claim it is the law to have this filled out by every resident and is sent out by the condo. It reads:
You are required by law to have window guards installed in all windows if a child 10 years of age or younger lives in your apartment.
Your landlord is required by law to install window guards in your apartment (except windows giving access to fire escapes or a window on the first floor that is a required means of egress from the dwelling unit) if a child 10 years of age or younger lives in your apartment,
OR
if you ask him to install window guards at any time (you need not give a reason).
It is a violation of law to refuse, interfere with installation, or remove window guards where required, or to fail to complete and return this form to your landlord. If this form is not returned promptly, an inspection by the landlord will follow.
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Other NYC web pages are less exact in their wording...:
http://www.nyc.gov/html/hpd/html/owners/window-guards.shtml
"The window guard law requires owners to send an annual notice to tenants of multiple dwellings (buildings of 3 or more apartments) regarding window guards. "
I rang the NYC helpline and they were useless. There is no address I can write into to check this and no human I can speak to to ask!! You wonder where those taxes go...
sohoman - I think your question is if you need to install window guards for your tenants even if they do not want them. The way I read those regulations is, if there is a child under 11 then it is required, regardless if the tenant wants them or not.
you need to add them unless you live in an owner occupied brownstone with only 2-3 apts I believe and they have children under 11.
The wording is quite clear.
1. It's a building of 3 or more units -- check.
2. You're the owner of apartments -- check.
3. There are children 10 or under in residence -- check.
You have to put window guards in.
The tenant-choice part only comes in if there are NO resident children under ten.
What part is at all ambiguous in your mind? Do you think the law is designed to allow parents to create life-threatening situations for their children if they so choose? Can they starve their children or drop them from the roof to see if they bounce, if that's what they elect to do?
Call the window guards department 212-566-8082 ext 7747
Law is 10 years of age or younger, not 11.
Alan raises an interesting set of questions. What neighborhood is this in?
needsadvice - under 11 = 10 years of age or younger.
In my building you must fill out a form and sign it regarding window guards. They claim it is the law to have this filled out by every resident and is sent out by the condo. It reads:
You are required by law to have window guards installed in all windows if a child 10 years of age or younger lives in your apartment.
Your landlord is required by law to install window guards in your apartment (except windows giving access to fire escapes or a window on the first floor that is a required means of egress from the dwelling unit) if a child 10 years of age or younger lives in your apartment,
OR
if you ask him to install window guards at any time (you need not give a reason).
It is a violation of law to refuse, interfere with installation, or remove window guards where required, or to fail to complete and return this form to your landlord. If this form is not returned promptly, an inspection by the landlord will follow.
The sample notice for lead abatement AND window guards can be found at the NYC Dept of Health and Mental Hygiene:
http://www.nyc.gov/html/doh/downloads/pdf/lead/lead-annual-notice.pdf