N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2043.1
Window guards (New York City Housing Maintenance Code)
Operative Text
a. An owner of a multiple dwelling and an owner of a dwelling unit in a multiple dwelling owned as a condominium shall provide, install and maintain a window guard, in accordance with specifications established by the department of health and mental hygiene, on each window of each dwelling unit in which a child ten years of age or under resides, and on the windows, if any, in the public areas of a multiple dwelling in which such a child resides. b. Subdivision a of this section shall not apply to a window that gives access to a fire escape or to a window that is a required means of egress from a dwelling unit on the first floor of a multiple dwelling. c. No tenant or occupant of a dwelling unit, or other person, shall obstruct or interfere with the installation or maintenance of a window guard as required by subdivision a of this section nor shall any person remove such window guard. d. No owner of a multiple dwelling and no owner of a dwelling unit in a multiple dwelling owned as a condominium shall refuse a written request of a tenant or occupant of a dwelling unit to provide, install and maintain a window guard, in accordance with specifications established by the department of health and mental hygiene, regardless of whether such provision, installation and maintenance is required pursuant to subdivision a of this section, except that this subdivision shall not apply to a window that gives access to a fire escape or to a window that is a required means of egress from a dwelling unit on the first floor of a multiple dwelling. e. Any owner required to provide, install and maintain a window guard pursuant to subdivision a or d of this section who fails to provide, install or maintain a window guard shall be liable for a class C immediately hazardous violation. Notwithstanding any other provision of law to the contrary, the time within which to correct such violation shall be twenty-one days after service of the notice of violation. f. Notwithstanding any other provision of law to the contrary, the department shall be the sole agency of the city authorized to seek a monetary penalty from an owner who is required to provide, install and maintain a window guard for failure to provide, install or maintain such window guard. Nothing in this section shall limit the authority of the department of health and mental hygiene to investigate a fall from any window or to issue an order to correct any condition that such department determines contributed to such fall.
Under N.Y.C. Admin. Code § 27-2043.1, owners of multiple dwellings are required to provide, install, and maintain window guards—built to Department of Health and Mental Hygiene specifications—on every window of any unit where a child age ten or under lives, as well as in common areas of those buildings. Owners must also honor written requests from any tenant or occupant for window guards, even when no child under eleven is present, with exceptions for fire-escape windows and first-floor egress windows. Tenants, occupants, and other individuals are prohibited from blocking, interfering with, or removing required window guards. Failure by an owner to comply is classified as a Class C immediately hazardous violation, correctable within 21 days of notice, and the city's Housing Preservation Department is the sole agency authorized to seek monetary penalties for noncompliance.
Plain English — not legal advice.
Under § 27-2043.1, compliant building owners proactively survey their units each year to identify households with children ten and under, then arrange timely installation of window guards meeting Department of Health and Mental Hygiene specifications before or at the start of occupancy. Owners also maintain a process for receiving and acting on written window-guard requests from any tenant, regardless of whether children are present, and keep records of those requests and installations. Because a failure to install or maintain a guard is classified as a Class C immediately hazardous violation with a 21-day correction window, operators generally build inspection and maintenance schedules that catch deficiencies well before a notice of violation is issued.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-2043.1 gives tenants and occupants the right to have window guards installed on request—even if no child under eleven lives in the unit—and owners are prohibited from refusing that written request except for fire-escape and first-floor egress windows. If a required or requested window guard is missing, improperly installed, or not maintained, tenants may file a complaint with the New York City Department of Housing Preservation and Development, which is the sole city agency authorized to pursue monetary penalties against non-compliant owners. Tenants can also reach out to tenant-rights organizations or consult an attorney to understand how a documented violation under § 27-2043.1 might be raised in housing court proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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