The Annual Notice form (Appendix B) alerts the Landlord of where children 10 years of age or younger reside and about tenants who want window guards installed or repaired. The New York City Department of Health and Mental Hygiene, Bureau of Food Safety and Community Sanitation (BFSCS), Window Falls Prevention Program is also providing you with suggestions to help you obtain the Annual Notice from your tenants. These ideas can be combined or adjusted to suit your particular needs (see the attached brochure).
By law, you are required to follow the steps in the time frame outlined below to ensure that you are in compliance with the window guard law.
Step 1: Annual Written Notification
It is required by law that landlords deliver to their tenants, the annual notice no earlier than January 1st and no later than January 16th by first class mail addressed to the tenant at the dwelling unit, hand delivery to the tenant at the dwelling unit, or by enclosure with the rent bill.
Step 2: Inspecting the Dwelling Unit
If by February 15th of each year, you do not get written communication signed by the tenant and you have no knowledge of whether window guards are needed you must then inspect the dwelling unit to ascertain whether a child 10 years of age or younger resides in the dwellings and if so, whether approved window guards are properly installed and maintained.
Once you have complied with Step 1 and Step 2 above and you cannot get into the apartment to make necessary installations and repairs of window guards, then follow Step 3.
Step 3: Further Assistance from the Department of Health and Mental Hygiene's Window Falls Prevention Program
If by March 1st you have fully complied with Steps 1 and 2, and were unable to inspect the apartment for proper installation of window guards, then you must write to the Department's Window Falls Prevention Program, 253 Broadway, 6th floor, CN-59A, New York, N.Y. 10007, fully describing what efforts have been made to comply with the window guard law for the purpose of requesting assistance in regard to further compliance.
You must present evidence to show that you attempted to inspect and install or repair window guards in those apartment(s) at reasonable times. For example, you could present evidence that you attempted to visit the apartment in the evening after 6:00 pm or on weekends.
Provide a signed roster/form of those tenants who complied with your efforts to gain access and window guards were installed or repaired. This documentation must include the date, time, apartment #, and the initials or signature of the tenant.
Provide a separate roster of those tenants who did not comply. This documentation must include the dates and times you visited the apartment (weekends and evenings), apartment number, and tenant's name.
For more information on Window Guards, call 311.
Last Updated: January 23, 2013