Section 8 Window Guard Requirements NYC: Local Law 57 Compliance

Every year in New York City, children are seriously injured or killed falling from windows, and the law places responsibility squarely on landlords to prevent these tragedies by installing approved window guards in apartments where young children live. For Section 8 landlords, window guard compliance intersects with your existing annual notice obligations for lead paint, creating an administrative workflow you need to manage each January, and failure to install required guards can result in HPD violations that complicate your relationship with NYCHA and potentially affect your HAP payments. Understanding the specific requirements under Local Law 57 and Health Code Section 131.15 helps you protect the children in your building while staying compliant with both city housing code and Section 8 program expectations.

Who Must Install Window Guards

Local Law 57 of 2011 requires landlords of buildings with three or more apartments to install approved window guards in any apartment where a child age 10 or younger resides. The law defines "resides" broadly to include any child who routinely spends time in the apartment, not just those who live there permanently, so a grandparent whose grandchildren visit regularly or a parent with shared custody would trigger the requirement even if the child is not a full-time resident. The window guard requirement applies to every window in the apartment including bathrooms and windows that open onto balconies or terraces, with specific exceptions for windows that provide direct access to a fire escape and for windows on the first floor that serve as required emergency exits in buildings where fire escapes begin on the second floor.

Beyond the mandatory installation for apartments with young children, any tenant can request window guards for any reason, and the landlord must comply with that written request regardless of whether children are present. A tenant might want guards for visiting grandchildren, for personal peace of mind, or simply because they feel safer with them installed, and you cannot refuse this request or impose preconditions on filling it. This means that even if your annual notice process does not identify a child in a particular unit, you may still receive written requests that obligate you to install guards.

The requirement also extends to common area windows in buildings where any child age 10 or younger lives in any apartment. If even one unit in your building has a young child, you must have guards on hallway windows, stairwell windows, and any other common area windows that could pose a fall risk. This is an easy requirement to overlook if you are focused only on individual apartments, but HPD inspectors check common areas as well.

The Annual Notice Process

Each year between January 1st and January 16th, you must deliver an annual notice to every tenant asking whether a child age 10 or younger resides in the apartment. The city has created a combined notice form that covers both window guard and lead paint requirements for buildings constructed before 1978, which simplifies your administrative burden if you are already sending the lead paint annual notice required under Local Law 1. For buildings constructed after 1978, there is a separate window guard only notice form. Tenants must return the completed notice to you by February 15th indicating whether a young child resides in the apartment and whether they want window guards installed.

If a tenant does not return the form by February 15th, you cannot simply assume no children are present. The law requires you to conduct a follow-up investigation to determine occupancy, which typically means inspecting the apartment before March 1st to ascertain whether a child age 10 or younger lives there. You must document these follow-up attempts and maintain records of your investigation. If you still cannot determine occupancy after reasonable efforts, you should treat the unit as if a child is present and install guards as a precaution, or at minimum document your attempts thoroughly in case of later dispute.

The annual notice forms and your records of delivery, tenant responses, and any follow-up investigations must be retained for your records. While the law does not specify a retention period as explicitly as Local Law 1 does for lead paint records, maintaining at least ten years of documentation is prudent given the potential for liability claims related to child injuries.

Approved Window Guards and Installation Requirements

Window guards used in NYC must be approved by the Department of Health and Mental Hygiene, and approved guards have specific characteristics that distinguish them from generic security bars or decorative grilles. An approved window guard must be made of rigid metal, be at least 15 inches tall, have three or more horizontal bars spaced so that a five-inch sphere cannot pass through any opening, and have the manufacturer's DOHMH approval number imprinted on a vertical stile (the approval number format is HDWG followed by digits, such as HDWG #03-77-15). Guards must be appropriate for the window type where they are installed, whether double-hung, casement, slider, or another configuration, and must be installed according to the manufacturer's instructions.

Screens are not window guards and cannot substitute for them. A screen might prevent a child from falling through a closed window, but screens tear easily and provide no protection if a child pushes against them. Air conditioning units present a particular challenge because the window guard law does not allow tenants to remove guards to install air conditioners. If a window has an AC unit, the unit must be permanently and securely installed with one-way metal screws to prevent any falls, and window guards must still be installed on any remaining window space. Tenants may request that you install both the air conditioning unit and window guards to ensure proper coordination between the two.

Costs and Who Pays

Building owners may charge tenants for the cost of window guards installed in their apartments, but you cannot charge for guards installed in common areas, and there are limitations on how much you can charge tenants in rent-regulated apartments. For rent-stabilized or rent-controlled units, the maximum surcharge is $10 per guard, and this charge must be collected as a temporary surcharge rather than becoming part of the permanent base rent. Tenants may choose to pay the full amount at once or spread payments over one to three years. If a tenant moves out before paying in full, you may deduct the remaining balance from their security deposit.

If a new tenant moves into an apartment that already has window guards installed from a previous tenant, you cannot charge the new tenant for those existing guards. If you choose to replace guards during a renovation or window replacement, you cannot charge tenants for the new guards. These rules prevent landlords from profiting repeatedly from the same installation.

Tenants receiving certain forms of public assistance do not have to pay for window guards and can be reimbursed if they have already paid. This includes tenants receiving SSI, those receiving public assistance through public welfare agencies, and those receiving state payments under Section 209 of the Social Services Law. Section 8 voucher holders may also qualify for assistance with window guard costs depending on their other benefit status, and recipients should contact their Social Services District Office with an itemized bill from the landlord following installation to request reimbursement.

Section 8 Inspections and Window Guards

Federal HQS standards do not specifically mandate window guards in the same way NYC local law does, but HQS inspections do evaluate window security and safety. If security bars are present on any window, HQS requires that they have a quick-release mechanism that can be easily opened by all occupants including young children, ensuring that bars do not prevent emergency egress. NYCHA inspectors in NYC are also aware of local requirements and may note window guard deficiencies as part of their inspection even though this is technically a city code issue rather than a federal HQS failure.

More practically, accumulating HPD violations for window guard non-compliance reflects poorly on your property management and can factor into NYCHA's assessment of whether you are maintaining the unit to required standards. A pattern of code violations suggests you are not meeting your responsibilities as a landlord, which could affect lease renewal decisions or your standing in the program. Staying current with window guard requirements is part of maintaining the overall compliance profile that keeps your Section 8 tenancy running smoothly.

If an HPD inspector issues a violation for missing or improperly installed window guards, this is classified as a Class C immediately hazardous violation, but the correction timeframe is 21 days rather than the 24 hours typical for other life-threatening violations. This gives you time to obtain approved guards and schedule installation, but you should not delay since failure to correct within the timeframe results in escalating penalties and potential HPD emergency repair intervention.

Practical Compliance Steps

Start by confirming you have a system in place for the annual notice process. If you are already sending lead paint annual notices for a pre-1978 building, use the combined form that covers both requirements in a single mailing. For post-1978 buildings, you still need to send the window guard notice even though lead paint notices do not apply. Calendar the January 1-16 delivery window and the February 15 response deadline, and plan for follow-up inspections in late February for any units that do not respond.

Maintain a list of which units have reported children age 10 or younger and verify that all required windows in those units have approved guards properly installed. Inspect the guards periodically to ensure they remain securely attached and have not been damaged or removed. Check common area windows as well if any unit in the building has a young child.

When purchasing window guards, verify the DOHMH approval number and ensure the guards are appropriate for your window types. Many hardware stores and online retailers sell guards that may meet federal requirements but do not have NYC approval. Using non-approved guards does not satisfy the legal requirement and leaves you exposed to violations. Keep records of your purchases including the approval numbers and retain installation documentation.

For tenants who request guards in writing regardless of whether children are present, respond promptly and install the guards within a reasonable timeframe. Document the request and your response in case questions arise later about whether you fulfilled your obligation.

Resources and Forms

The official annual notice forms are available from HPD and the Department of Health. For buildings built before 1978, use the combined Window Guard and Lead Paint Annual Notice. For buildings built after 1978, use the Window Guard Annual Notice for Post-1978 Buildings. The full text of Local Law 57 of 2011 and the DOHMH list of approved manufacturers and model numbers are also available online. HPD's Window Guards page provides additional guidance and links to relevant forms.

Use VoucherMatch's Pre-Inspection Checklist to prepare your unit for HQS inspection, including window safety items. If you are ready to find qualified voucher holders for your property, list your unit on VoucherMatch to connect with tenants actively searching for Section 8 housing. And browse our current listings to see available units in your neighborhood.

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Window guards save children's lives. The installation cost is minimal compared to the tragedy of a preventable fall, and compliance protects you from liability as well as code violations.