Effective January 1, 2026, New York City multi-family property owners will need to be in compliance with updated window guard rules. Introduced by the New York City Department of Health and Mental Hygiene (DOH), the new rules aim to improve child safety while also modernizing requirements for today’s buildings and window types. In this post, we explain why the changes happened and what to look out for in your own properties.
Why the Window Guard Rules Changed
The original window guard rules were written decades ago, when most NYC apartment buildings had double-hung windows. Now, however, buildings feature many different window types and new safety devices are widely available. Perhaps more importantly, injuries and death have resulted from improperly installed or removed window air conditioners that fall out. The updated rules reflect modern realities and simplify compliance procedures.
Key Window Guard Updates You Need to Know
Annual Notices
- Owners must still send notices each January asking tenants if a child age 10 or under lives in the apartment.
- Tenants must respond by February 15. If they don’t, the property owner is required to inspect the unit before March 1.
- Notices can now be delivered (a) by special mailing, (b) by including the notice with January rent bills, or by email (as long as the tenant explicitly consents to receiving the notice by email).
- Reminder notices can be sent by email or posted in common areas.
- Owners must keep proof of notice delivery and tenant responses for two years.
- Failing to send, use or post the correct notice can result in fines of $500 per unit, per year.
- Failing to send the DOH copies of completed notices from tenants can also result in fines of $500 per unit, per year.
Expanded Window Guard Requirements
- Window guards are required wherever a child 10 or under lives, or if a tenant requests them.
- One of the key updates to the new rules is that the window guard requirements now extend to windows that open onto balconies or terraces above the ground floor.
- Window guards are not required on fire escape windows, designated emergency exit windows, or windows at or below ground level with a drop of less than six inches.
Air Conditioner Installations
- Property owners are no longer required to provide permanent AC installations.
- However, if a tenant installs an AC unit, the property owner must inspect the installation to confirm it’s secure and doesn’t leave openings larger than 4½ inches.
Device Standards and Registration
- All window guards and limiting devices must now meet strict performance standards:
- Openings cannot exceed 4½ inches.
- Devices must withstand the impact of a 150-pound weight.
- Devices must be made of durable, corrosion-resistant materials.
- Each approved device will carry a stamped DOH registration number.
- While manufacturers are responsible for ensuring that devices are registered with the DOH, property owners are responsible for confirming that only approved devices are installed.
Clearer Roles for Owners and Tenants
Property owners must:
- Install guards where children live or upon tenant request.
- Conduct inspections when notices aren’t returned.
- Approve AC installations.
- Maintain records of notices, inspections, and tenant refusals.
Tenants must:
- Return notices on time.
- Allow access for inspections of installations.
- Not remove or tamper with guards or substitute AC units for guards.
What to Do Now
We recommend property owners begin taking steps now to ensure compliance with the new regulations. Reviewing notice procedures, inspecting currently installed window guards, and developing a process for future AC unit installations are the most important steps to take now. These items help not only with compliance, but also with preventing against falls, injuries, and owner liability.
