Like it or not, landlords are faced to deal with some less than pleasant issues. One such topic is the prevention of children falling from windows and becoming seriously injured or worse. In areas like New York where big cities are plenty and high-rise apartment communities are abundant laws were put in place to protect the children. Even with the laws present, these falls are still a factor where recently a five-year-old girl plummeted from a third-floor window in a Bronx apartment building.
Landlords have an obligation not only to protect the innocent but in doing so this protects their real estate investment as well. The law regarding window guards must be adhered to, no questions about it.
This official “Lease Notice to Tenant” provided through the City of New York’s Department of Health, and Mental Hygiene fulfills the disclosure requirements as set forth in New York landlord-tenant law. This form requires your tenant to choose one of three options:
1. Acknowledging that there are children ten years of age or younger that live in the rental unit.
2. Acknowledging that no children ten years or younger in age reside in the apartment.
3. Tenant requests window guards even though they have no children ten years of age or younger.
This form makes sure your tenant knows the requirements, and it is illegal for them to tamper or remove any window guards that are installed when they are required.
Windows guards may be unsightly, an annoyance to install, and a nuisance to enforce, but they save lives. Unfortunately, tenants tamper with them and remove them. However, this form protects the landlord in the disastrous event of a fall where a tenant blatantly removes the guard from a window.
If you rent out an apartment in a high-rise building or any building containing more than three rental units, this form MUST be used.
It must be provided to the tenant at the beginning of the tenancy and then provided every year thereafter between January First and Fifteenth.