NYC window guard law makes your landlord install window guards if a child 10 or younger lives with you. Under the NYC window guard law, your key deadline is February 15, when your yearly notice form is due back.
What NYC Window Guard Law Actually Says
The NYC window guard law lives in the city Health Code, Article 131, at §131.15. Its goal is simple. It stops young children from falling out of windows. Falls from windows can be deadly, and guards prevent them.
In most cases, the rule works through a yearly form. Your landlord sends it in early January. You mark whether a child 10 or younger lives with you. You can also mark that you want guards anyway. As a result, the landlord knows which apartments need guards and must install or fix them.
The NYC window guard law also covers some shared spaces. For example, public hallway windows in covered buildings may need guards too. Here are the exact rules the city lists.
| Provision | Exact rule | Section |
|---|---|---|
| Who is protected | Any child 10 years old or younger living in the apartment | Health Code §131.15 |
| Building size | Buildings with 3 or more apartments | Health Code §131.15 |
| Annual notice sent | No earlier than January 1 and no later than January 15 | Health Code §131.15 |
| Tenant returns form | By February 15 | Health Code §131.15 |
| No form returned | Landlord must inspect the unit before March 1 | Health Code §131.15 |
| Tenant request | Guards must be installed if the tenant asks, even with no child | Health Code §131.15 |
| Fire escape windows | Windows leading onto a fire escape do not need guards | Health Code §131.15 |
Who NYC Window Guard Law Covers (and Who It Does Not)
The NYC window guard law covers renters in buildings with three or more apartments. It applies across all five boroughs. It protects any child 10 or younger who lives in the unit. That includes a grandchild or a child who stays with you often. Typically, if the child lives there, the rule applies.
However, not every window needs a guard. Windows that lead onto a fire escape are exempt. Those windows must stay open as an escape path. In buildings with fire escapes, one window in each ground-floor apartment is also left unguarded. That way, it can be used as an emergency exit.
Smaller buildings with one or two apartments fall outside the NYC window guard law. If you live in one, you may still ask for guards. However, the landlord may not be required to install them. Check with the NYC Health Department window guard page for your exact situation.
What Your Landlord Must Do Under This Law
Your landlord has clear duties under the NYC window guard law. First, they must send you the annual notice form each January. The form must be one approved by the NYC Department of Health and Mental Hygiene. Next, they must install approved guards in covered apartments. They must also keep those guards in good repair.
If the landlord cannot find out whether you need guards by March 1, they must write to the Health Department’s Window Falls Prevention Program. The same is true if a tenant refuses access. As a result, the landlord cannot simply ignore a missing form. The NYC window guard law puts the burden of follow-up on them.
Guards must be approved models and installed correctly. A loose guard or one with wide gaps may not count. For example, a guard missing screws or bolted poorly can be a violation. The official source does not list a fixed install deadline after you ask. Confirm that timing with HPD or the Health Department.
What You Can Do When It Is Broken
If your landlord skips the NYC window guard law, you have options. Start by telling your landlord in writing. Keep a copy and note the date. Take photos of missing or broken guards. This record helps if the problem goes further.
If nothing changes, call 311 or file a window guard complaint online. The city’s Department of Housing Preservation and Development (HPD) checks for window guards during housing inspections. HPD issues violations when guards are missing or installed wrong. You can also report unguarded hallway windows through 311.
The official sources above do not list exact penalty dollar amounts. Confirm fines with HPD or the Health Department. If your landlord threatens you, raises your rent, or starts an eviction after you complain, get help fast. Contact a local legal-aid office or a tenant attorney. Many tenants can get free help through city-funded legal services.
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Frequently Asked Questions
Can I ask for window guards if I do not have kids?
Yes. The NYC window guard law requires landlords to install guards in any apartment where the tenant asks. Just mark it on your annual form or ask in writing.
What happens if I forget to return the January form?
Your landlord must inspect your apartment before March 1 to check for young children and guards. However, returning the form by February 15 is your duty. It protects your family and keeps your records clean.
Do I have to pay for the window guards?
Under the NYC window guard law, the landlord must provide and install the guards. Some landlords may try to pass on a cost. Confirm what is allowed with HPD or the Health Department before you pay anything.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.