2025 Windows guard and lead paint notice (PDF)

Property owners and landlords in New York City have a legal and ethical obligation to ensure the safety and well-being of their tenants. Two critical areas where compliance is non-negotiable are lead poisoning prevention and window fall protection. Failing to meet these requirements can lead to serious health risks for tenants, legal repercussions for property owners, and significant fines.

Lead Poisoning Prevention: Protecting NYC’s Residents

Why Lead Poisoning is a Concern

Lead is a toxic metal that poses severe health risks, especially to children under the age of 6 and pregnant women. Exposure to lead, often through deteriorating lead-based paint or lead-contaminated dust, can lead to developmental delays, learning difficulties, and even long-term neurological damage.

In NYC, many older buildings constructed before 1960 contain lead-based paint. To combat lead poisoning, the city has enacted strict laws under Local Law 1 of 2004, also known as the Lead-Based Paint Hazard Reduction Act.

Owner Responsibilities for Lead Compliance

As a property owner, you are legally required to:

1. Conduct Annual Inspections: Inspect apartments annually for lead-based paint hazards if tenants include children under 6 years old.
2. Provide a Lead Disclosure Form: Inform tenants about known lead hazards in the building before leasing a unit.
3. Remediate Hazards Safely: Use EPA-certified contractors to safely repair lead-based paint issues.
4. Provide the EPA’s Lead Pamphlet: Supply tenants with the “Protect Your Family from Lead in Your Home” pamphlet at the start of their lease.
5. File Compliance Documents: Submit an annual compliance certification to the NYC Department of Housing Preservation and Development (HPD).

Penalties for Non-Compliance

Failing to address lead hazards can result in significant fines, legal action, and a tarnished reputation as a property owner. More importantly, neglecting lead safety can cause irreparable harm to tenants' health.

Window Fall Protection: Preventing Tragic Accidents

The Window Guard Law

NYC’s Window Guard Law (Health Code Section 12) mandates that property owners install window guards to prevent window falls, particularly in homes with children under 10 years old. Window falls are a leading cause of preventable injuries and deaths among young children.

Owner Responsibilities for Window Guards

To comply with NYC regulations, property owners must:

1. Survey Tenant Needs Annually: Send tenants an annual notice asking if children under 10 live in the apartment. Tenants must respond, and owners are responsible for keeping accurate records.
2. Install Approved Window Guards: Ensure all required windows, including those in public areas such as hallways and stairwells, are equipped with NYC-approved window guards.
3. Cover Costs: Install window guards at no additional cost to tenants.
4. Maintain and Inspect Guards: Regularly check window guards to ensure they are securely in place and repair them promptly when needed.
5. Educate Tenants: Inform tenants not to tamper with or remove window guards.

Consequences of Non-Compliance

Owners who fail to comply with window guard requirements can face hefty fines from the NYC Department of Health and Mental Hygiene. Worse, they could be held liable in the event of a preventable accident.

Steps to Stay Compliant and Protect Tenants

1. Educate Yourself on Local Laws: Regularly review updates to NYC regulations regarding lead paint and window guards.
2. Communicate with Tenants: Be proactive in educating tenants about lead hazards and window safety. Use notices, pamphlets, and clear instructions.
3. Partner with Professionals: Work with certified lead abatement contractors and reputable window guard providers to ensure compliance.
4. Document Everything: Keep thorough records of inspections, tenant responses, and maintenance work.
5. Perform Regular Inspections: Don’t wait for complaints. Regularly inspect your property to ensure lead hazards and window safety measures are addressed.

The Bottom Line

As a property owner in NYC, ensuring compliance with lead poisoning prevention and window fall protection laws is not just about avoiding penalties—it’s about safeguarding the lives and well-being of your tenants. By taking proactive measures, you contribute to a safer city and protect yourself from the legal and financial consequences of non-compliance.

Remember, the cost of prevention is far less than the cost of negligence. Take action today to secure your building and create a safer home for your tenants.