
Administration for Children's Services311
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As spring and summer arrive and the weather gets warmer, many families may want to open their windows to let the fresh air in. But open windows can pose a serious risk to curious children. Each year, 3,500 -5,000 U.S. children are hospitalized after falling from an open window. According to the Center for Disease Control (CDC), toddlers and preschool-aged kids have the highest likelihood of falling from a window and getting seriously hurt, many suffering serious and sometimes fatal head injuries. The best way to prevent accidental window falls are to watch your children around open windows and install window guards or window stops.
You must have window guards if you live in a building that has at least three apartments and a child 10 or younger lives in your apartment. If you do not have window guards, ask your landlord to install them. If the landlord doesn’t fix the problem, file a complaint online or call 311.
Never leave a child alone in a room where there are open windows that do not have window guards. If window guards are not installed, keep windows closed and make sure children cannot climb up to them. Screens are not a substitute for window guards. Even if you do not have a child 10 or younger who lives with you, you can still get window guards installed in your windows.
If a window has an air conditioner, it must be permanently and securely installed with one-way metal screws to prevent any falls. The law does not allow tenants to remove window guards to install air conditioners. You can request the building owner to install your air conditioner unit and window guards in your home.
In homes where window guards are needed, all window types, including sliding windows with screens, must have approved and properly installed window guards or limiting devices. All window guards and limiting devices must have a Health Department approval number on the inside side-rail and must be appropriate for the window it occupies. Any guard that has more than a 4½-inch space between the bottom bar and the windowsill or the top bar and the base of the raised window is not installed properly.
If a window has an air conditioner, it must be permanently installed with one-way metal screws, and any space that exceeds 4 ½ inches on either side of the air conditioner must be covered with rigid, secure panels.
Here are some guidelines for determining whether window guards are properly installed:
The Department of Housing Preservation and Development (HPD) is responsible for enforcing the New York City Housing Maintenance Code and New York State Multiple Dwelling Law, including the window guard requirements. HPD responds to tenant complaints, performs inspections, and, where appropriate, writes violations of these codes, instructing landlords to correct the violation conditions.