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Window Guards: Required By Law To Protect Your Child From Death Or Serious Injury

Topics Covered

Window Guards: Avoiding Tragedy
What the Law Says
What You Can Do

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Window Guards: Avoiding Tragedy

It's every parent's nightmare. Your child is taking an afternoon nap in her crib. You are standing in front of the ironing board with one eye on your favorite T.V. soap opera. A warm breeze blows through the child's bedroom window causing the curtains to ripple. Your baby slowly crawls on the floor toward that open unguarded window. Tragedy is only a few feet away.

Had your Landlord complied with the requirements of the Laws of the City of New York, the consequences of this event could have been avoided.

What the Law Says

The New York City Health Code requires that every owner of a multiple dwelling provide and install window guards on every apartment in which a child of 10 years of age or younger reside. They need not be installed on windows facing fire escapes or windows on the first floor.

This Law requires the Landlord to learn if children of this age reside in the apartment building. The owner is obligated to write each tenant each January, advising the tenant that window guards are required to be installed by the landlord and the tenant is requested to provide data pertaining to all children residing in the apartment who are under the age of 10 years.

This Law goes further in requiring the Landlord to inspect the apartment in the event that the tenant does not reply to this Notice. The tenant is obligated by Law to cooperate with the Landlord. There can be no additional charges to the tenant for the installation of window guards. This Law requires that your Lease have a Notice in large type advising you of the obligation of the Landlord to see that proper guards are installed on the windows.

This Law also dictates the proper design and method of installation of window guards in its attempt to protect children. It describes the type of guard (expandable bars), its dimensions and the use of a "stop" so as to prevent the window from being raised more than 4 1/2 inches from the lower window sill. Violators of this Law are subject to Criminal prosecution, which is punishable by a fine up to $ 1,000.00 and a jail term up to one year.

It is important to note that a violation of any of the provisions of this Law which causes an injury to a child may result in the liability of the Landlord to answer for money damages. Thus, if a child is caused to be injured by reason of the failure of the Landlord to comply with this Law, the child's parent has the right to retain a Lawyer and bring a lawsuit against the Landlord to recover compensation for the child's injuries or death.

What You Can Do

The nightmare of a child falling out of a window need not become a reality. If there are children under 10 years of age residing in your apartment, be sure that your windows are properly safeguarded. I suggest that you advise your Landlord in writing immediately of the necessity for the proper installation of window guards.

If there is any delay in correcting this condition, a complaint to the Office of the Commissioner of Health of the City of New York should get you action.