Windows guard and lead paint notice 2019 English/ Spanish (pdf file)

Protect Your Child from Lead Poisoning and Window Falls: NYC Annual Notice Requirements

New York City prioritizes the safety of its residents, especially children, through various laws aimed at preventing lead poisoning and window falls. Two key requirements are the annual distribution of the “Protect Your Child from Lead Poisoning and Window Falls” notice to tenants and the proper documentation of compliance by landlords. Below, we detail these requirements and their importance, referencing relevant NYC laws and guidelines.

The Annual Notice Requirement

Under Local Law 1 of 2004 and New York City Housing Maintenance Code Section 27-2056.4(a), landlords of multiple dwellings (buildings with three or more apartments) are required to issue an annual notice to tenants. This notice, titled “Protect Your Child from Lead Poisoning and Window Falls”, must be distributed to all occupants of the building by January 16th each year.

The notice serves two key purposes:

1. Lead-Based Paint Hazards:

   • Landlords must identify and address lead-based paint hazards in apartments where a child under the age of six resides. This aligns with the city's effort to combat lead poisoning, a significant health concern that can cause developmental delays and other serious health issues in children.
   • Tenants are asked to disclose whether children under six live in the unit. This information allows landlords to conduct lead inspections and necessary remediation, ensuring the apartment meets lead-safe standards.

2. Window Fall Prevention:

   • The notice also reminds tenants about the importance of window guards. Landlords are required to install window guards in apartments where children 10 years old or younger reside, as well as in all common area windows, regardless of children’s presence.

Tenant Responsibilities

Tenants play an essential role in complying with these safety measures:

• Filling Out and Returning the Notice: Tenants must complete the form indicating whether children under six live in the unit and return it to the landlord by February 15th.
• Requesting Window Guards: Tenants should also indicate if window guards are needed, even if no children reside in the apartment, for added safety.

Landlord Responsibilities

Landlords must adhere to the following obligations:

1. Distribute the Notice:

   • The notice must be provided to all tenants by mail or by delivering it to their unit.
   • It must be in English and any other language spoken by a significant number of residents in the building.

2. Follow Up:

   • If a tenant fails to return the notice, landlords are required to make reasonable efforts to obtain the completed form, such as sending reminders or contacting the tenant directly.

3. Lead Inspections:

   • For apartments where children under six reside, landlords must conduct visual lead paint inspections annually or more frequently if necessary.
   • Any identified lead hazards must be addressed promptly using EPA-certified contractors following safe work practices.

4. Install Window Guards:

   • Landlords must ensure that window guards are installed in all required apartments and maintained in good condition.

Legal Penalties for Non-Compliance

Failure to comply with these requirements can result in significant consequences:

• Housing Violations: NYC may issue violations to landlords who do not meet lead paint inspection or window guard installation requirements.
• Fines: Non-compliance can lead to substantial fines imposed by the NYC Department of Housing Preservation and Development (HPD).
• Legal Liability: Landlords may face lawsuits if a child is harmed due to failure to comply with lead safety or window fall prevention laws.

Protecting Children’s Health and Safety

Lead poisoning and window falls are preventable hazards that disproportionately affect young children. NYC’s annual notice requirement is a crucial step in ensuring landlords and tenants work together to create safer living environments.

By understanding these laws and fulfilling their obligations, landlords can protect children from life-altering injuries and illnesses while avoiding legal repercussions. Tenants, in turn, can help by being proactive in completing and returning the annual notice.

For more information about lead poisoning prevention, window guard requirements, and NYC housing laws, visit the NYC Department of Health and Mental Hygiene’s website or contact 311.

References

• NYC Local Law 1 of 2004
• NYC Housing Maintenance Code: Section 27-2056.4(a)
• NYC Department of Health: Lead Poisoning Prevention Program
• NYC Department of Housing Preservation and Development: Window Guard Requirements

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