NYC Window Guard Annual Notice: How Tenants Should Respond

TL;DR: NYC owners of buildings with three or more apartments send tenants and occupants a window-guard notice each year. Report accurately whether a child age 10 or younger lives in the apartment or routinely spends at least 10 hours there each week. Return the form to the owner or management by February 15 and keep a copy. You may request window guards for any reason even if no child lives with you. Screens do not count as guards.

The form is not an accusation and it is not a form you send to NYC. It helps the building owner identify apartments where approved window guards are required and gives every tenant or occupant a way to request them.

Current NYC Health Code Chapter 12 says owners distribute the Annual Notice between January 1 and January 16. Some NYC Health summary pages still say January 1–15. Because the sources conflict by one day, tenants should not wait: answer promptly and preserve proof that the owner or management received it by February 15.

General information, not legal advice. Window-safety rules, forms, and agency instructions can change; recheck the dated NYC sources before relying on a deadline or technical requirement.

Why did your landlord send a window-guard form?

The Annual Notice has two separate jobs:

1. Child-safety status: it asks whether a child age 10 or younger resides in the apartment.
2. Tenant request: it lets a tenant or occupant request window guards for any reason, even when no child age 10 or younger resides there.

Under the current rules, “resides” includes a child who lives in the apartment or routinely spends 10 or more hours there each week. That means regular caregiving or visitation can matter even if the child is not listed as a full-time household member.

The city mandate applies to a multiple dwelling, meaning a residential building with three or more dwelling units. NYC Health says one- and two-family private homes are outside this mandate, although it recommends guards there too.

Annual Notice or lease notice: identify the form first

NYC uses two related forms:

• Lease Notice to Tenant (Appendix A): provided when a new tenant first signs a lease.
• Annual Notice to Tenant or Occupant (Appendix B): provided to existing tenants and occupants every year.

For buildings built before 1978, the Annual Notice is commonly a combined lead-poisoning and window-guard form. Read the two questions separately: the lead-law question concerns a child under six, while the window-guard question concerns a child age 10 or younger. Our NYC lead-paint guide explains the separate lead-law scope.

If you are reviewing an entire lease package, use the NYC lease-signing checklist alongside this guide.

How to complete the NYC window-guard Annual Notice

1. Confirm the building has three or more apartments

Check your lease, building registration, or management information. If you are uncertain about the property record, use the NYC building-history lookup guide to find the official HPD and DOB tools.

Do not rely on a building's appearance. A converted house and a small walk-up can still have three or more legal dwelling units.

2. Answer the child question using the current definition

Answer yes when a child age 10 or younger:

• lives in the apartment; or
• routinely spends at least 10 hours there each week.

Do not answer only from the names printed on the lease. The current form and rules focus on whether a child resides or will reside there, including the weekly-hours standard.

3. Decide whether you want guards for another reason

You may request approved window guards even if no child age 10 or younger resides in the apartment. NYC's form says you do not have to explain why.

You can make that request on the Annual Notice or in a separate dated written message at any time. A separate message is useful when your needs change after the annual form was returned.

4. Return the form by February 15 and keep proof

Return the completed form to the owner, managing agent, landlord, or superintendent—not to the Health Department. Keep:

• a photo or scan of the completed form;
• the email and attachment, portal receipt, certified-mail record, or hand-delivery acknowledgment; and
• any reply about inspection or installation.

The current Health Code says owners distribute the Annual Notice between January 1 and January 16. NYC Health's tenant and owner summary pages say January 1–15. That one-day agency inconsistency does not change the tenant's February 15 return deadline.

5. Allow reasonable access for inspection or installation

If the owner does not receive a completed response by February 15, current NYC guidance says the owner must make reasonable efforts to inspect the apartment to determine whether a child age 10 or younger resides there and whether guards are installed and maintained.

Coordinate access in writing. Do not remove, loosen, or modify a required guard yourself.

Copy-and-paste window-guard request

Subject: Window-guard request — [address and apartment]

I am requesting approved window guards for apartment [number] at [address]. [A child age 10 or younger resides or will reside here / I am requesting guards for another reason.] Please confirm in writing when you will inspect the windows and arrange installation. Please also identify any window that must remain unguarded for fire-escape or secondary-egress access. I can provide access on [dates/times].

You do not need to explain a non-child reason. Keep the message, delivery proof, appointment details, and photographs of the condition.

What a safe installation does—and does not include

A screen is not a substitute for a window guard or approved limiting device. Current rules generally require the device to be registered or approved for the window type and installed so the opening does not exceed 4½ inches.

The rule is not simply “put a guard on every opening.” Important exceptions and special cases include:

• windows that provide access to a fire escape must remain unguarded;
• a designated secondary-egress window may need to remain unguarded in a first-floor apartment in a building with fire escapes;
• certain required emergency escape and rescue openings use releasable devices rather than an ordinary fixed guard;
• a window at or below ground level with less than six inches of exterior drop is treated differently; and
• a window air conditioner must be permanently and securely installed under the current specifications; a tenant may not remove a required guard just to install an air conditioner.

Do not improvise around an egress window or air conditioner. Ask the owner to identify the approved device and installation plan for that specific window. During a tour or move-in inspection, the NYC apartment viewing checklist can help you document the windows without treating your visual check as a code inspection.

What if guards are missing, loose, or refused?

First send a dated written request to the owner, management, or superintendent and keep proof. Describe the specific window and condition without guessing at the technical violation.

If the condition is not corrected, NYC Health directs tenants to file the official NYC311 Window Guard Complaint online or call 311. A complaint is not a guarantee of a particular inspection time or outcome.

Preserve:

• the Annual Notice and your response;
• written requests and replies;
• dated photographs showing the full window and close-up condition;
• inspection or appointment records; and
• the 311 Service Request number.

For a broader unresolved-condition paper trail, use the NYC landlord repair and 311 guide.

Can a landlord charge for window guards?

Do not assume every installation is free. NYC Health says owners may charge apartment tenants for the guard and installation cost, but required installation cannot be conditioned on advance payment. Owners cannot pass public-area guard costs to tenants.

For rent-stabilized or rent-controlled apartments, NYC guidance says a temporary surcharge may not exceed $10 per guard, may be paid at once or over one to three years, and cannot become part of base rent. A new tenant cannot be charged for guards that were already installed, and a tenant cannot be charged when an owner replaces guards because of renovation or window replacement.

NYC Health also lists specific public-assistance and benefit categories with payment or reimbursement protections. Check the current agency page for the exact category and process rather than assuming a general fee waiver.

NYC window-guard notice FAQs

Do I have to return the form if no child lives with me?

Yes, complete and return the Annual Notice accurately. The form records that no child age 10 or younger resides there and separately lets you request guards for any reason.

What if a child visits but does not live in the apartment full time?

Current rules and forms treat a child as residing there when the child lives there or routinely spends at least 10 hours there each week. Use that weekly standard rather than relying only on lease occupancy.

When is the form due?

Return it to the owner or management by February 15. Current Health Code Chapter 12 says owners distribute it between January 1 and January 16, while some NYC Health summary pages say January 1–15. Respond promptly rather than relying on the extra day.

Can I request guards after the annual deadline?

Yes. NYC Health says tenants and occupants can request window guards in writing at any time and for any reason.

Is a window screen enough?

No. NYC Health expressly says screens are not substitutes for approved window guards or limiting devices.

Should every window have a guard?

Not literally every window. Fire-escape access, designated secondary egress, some emergency escape openings, and certain ground-level windows are exceptions or need different devices. Ask the owner to apply the current rule to the exact window.

Can I remove a guard to install an air conditioner?

No. NYC Health says tenants may not remove required guards to install an air conditioner. Ask the owner to arrange a compliant permanent installation.

Where do I report a missing or unsafe guard?

Try the owner, managing agent, landlord, or superintendent in writing. If the condition is not corrected, use the NYC311 Window Guard Complaint or call 311.

The short tenant checklist

• [ ] Confirm whether the building has three or more apartments.
• [ ] Report whether a child age 10 or younger lives there or routinely spends at least 10 hours there each week.
• [ ] Check the separate request box if you want guards for another reason.
• [ ] Return the form to the owner or management by February 15.
• [ ] Keep a copy and delivery proof.
• [ ] Send a dated written request whenever circumstances change.
• [ ] Do not treat screens as guards or modify an egress window yourself.
• [ ] Document missing or loose guards and use 311 if the owner does not correct the condition.

RentReboot can help with the apartment search; it cannot inspect a guard or decide code compliance. Create a rental alert, then use official NYC sources for the building-specific safety step.

Primary sources

Retrieved August 20, 2026. Revalidate the current rule, forms, deadlines, complaint route, and technical specifications before relying on them.

1. NYC Health — Window Guards: Information for Tenants — tenant-facing scope, written-request route, screens, private-home warning, costs, and 311 direction.
2. NYC Health — Window Guards: Information for Building Owners — 2026 update, three-or-more-unit scope, required forms, owner follow-up, installation, and fees.
3. NYC Health Code Chapter 12 — Window Falls Prevention — controlling rule text for definitions, January 1–16 notice window, delivery methods, February 15 response, openings, exceptions, air conditioners, and charges.
4. NYC Health — Annual Notice for Buildings Built After 1978 — current Appendix B questions and instructions.
5. NYC Health — Combined Lead and Window Guard Annual Notice for Buildings Built Before 1978 — combined form and distinct age questions.
6. NYC HPD — Window Guards — housing-maintenance summary and complaint context.
7. NYC311 — Window Guard Complaint — current complaint route for missing or unsafe guards.