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Chapter 1: Required Signs
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Chapter 12: Window Guards
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Chapter 12: Window Guards
§ 12-01 Definitions.
When used in these regulations, the following words or terms shall have the following meaning:
   Child or children. "Child or children" shall mean any person 10 years of age or younger.
   Department. "Department" shall mean the New York City Department of Health.
   Installation of window guard. "Installation of window guard" shall mean proper installation and maintenance of window guards in a manner approved by the Department.
   Landlord. "Landlord" shall mean owner, lessee, agent, or other person who manages or controls a multiple dwelling or dwelling unit.
   Tenant. "Tenant" shall mean lessee or other occupant regularly residing within a dwelling unit, regardless of whether said occupant is a party to a lease agreement.
§ 12-02 Lease Notice.
   (a)   All leases offered to tenants in multiple dwellings shall contain, as a rider to the lease, a notice the form and content of which shall be as specified in Appendix A hereto.
   (b)   Said notice shall be printed in not less than ten (10) point type, and shall bear the title "Window Guard Required" underlined and in bold face.
   (c)   Said notice shall be separately signed and dated by the tenant who signed the lease indicating clearly whether a child ten years of age or under is, or will be, residing in the leased premises.
§ 12-03 Annual Notice.
   (a)   Each year the landlord shall deliver to each dwelling unit, a notice, the form and content of which shall be in English and Spanish as specified in Appendix B, no earlier than January 1 and no later than January 16 of the year for which the notice is delivered. The foregoing notwithstanding, if such notice is delivered to the tenant by enclosure with the rent bill pursuant to 24 RCNY § 12-03(b)(3) below, then the notice may be delivered by the landlord at such time as the rent bill for the month of January is delivered. In addition said notice shall be so delivered within thirty (30) days of a change in occupancy not involving a written lease. This provision shall be effective January 1, 1987.
   (b)   The landlord shall deliver said notice by any one of the following methods:
      (1)   by first class mail addressed to the tenant at the dwelling unit;
      (2)   by hand delivery to the tenant at the dwelling unit;
      (3)   by enclosure with the rent bill.
   (c)   If by February 15th of the year for which the notice was sent a landlord does not have a written communication signed by the tenant, and does not otherwise have actual knowledge of the need or desire for window guards, then the landlord or his agent shall at reasonable times inspect the dwelling unit to ascertain whether a child 10 years of age or younger resides in the dwelling and if so, whether approved window guards are properly installed and maintained.
   (d)   If by March 1 a landlord who has fully complied with subdivisions (b) and (c) of this section has been unable to ascertain the need or desire for window guards in any dwelling unit or units, then he shall write to the Department's Window Falls Prevention Program, 125 Worth Street, New York, New York 10013, fully describing what efforts have been made to comply with 24 RCNY Health Code § 131.15 and these regulations, for the purpose of requesting assistance in regard to his further compliance. Such request shall include the name and telephone number of the landlord or his representative.
§ 12-04 Variation in Form of Notices Prohibited.
The wording and form of notices specified in this regulation shall not be altered or varied in any manner, except as permitted after an application made to the Commissioner under 24 RCNY § 12-08.
§ 12-05 Notice that Installation is Optional or That There is a Tie-in between Installation and Tenant Payment Prohibited.
   (a)   No communication from a landlord to a tenant shall indicate that the installation of window guards is optional or in any manner dependent upon payments by the tenant.
   (b)   Landlords shall not impose any type of pre-condition such as fees or any other psychological deterrant, preliminary to the installation of window guards.
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