Windows guard and lead paint notice 2021 English/ Spanish (pdf file)

New York City’s Department of Housing Preservation and Development (HPD) provides a standardized Annual Notice template for landlords to use for lead paint and window guard notices. This template simplifies the process, as landlords do not need to create notices from scratch. Instead, they can use the HPD’s official notice form, which is designed to meet compliance requirements.

Below is an updated, step-by-step guide on how to use the HPD template notice page, ensuring you meet NYC’s legal obligations effectively.

Updated Instructions for Using HPD's Template Notice Page for Lead Paint and Window Guard Compliance

1. Overview of HPD Template Notice Requirements

HPD provides an Annual Notice to Tenant form, which landlords can download directly from the HPD website. This form is bilingual (English and Spanish) and includes sections to gather information required by Local Law 1 (Lead Paint Law) and the Window Guard Law.

• Lead Paint Requirement: Confirms if a child under 6 lives in the apartment, triggering an inspection for lead paint hazards.
• Window Guard Requirement: Confirms if a child 10 years or younger lives in the apartment or if the tenant requests window guards for any reason.

2. Step-by-Step Instructions for Compliance Using the HPD Template

Step 1: Obtain the HPD Template Notice

• Download the Template: Visit the HPD website’s Forms and Documents section and locate the Annual Notice to Tenant. The template is usually provided in both English and Spanish.
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Step 2: Complete the Notice with Property Information

• Fill in Property Details: Add the building’s address and apartment number on the notice.
• Landlord Information: Include the landlord’s contact information, ensuring tenants know whom to contact for questions or to request inspections and installations.

Step 3: Distribute the Annual Notice to Tenants

• Timing: Send this notice to all tenants at the beginning of each year.
• Methods of Distribution: HPD allows notices to be hand-delivered, mailed, or, if tenants agree, emailed.
• Documentation: Keep records of how and when the notice was distributed to each tenant.

Step 4: Review Tenant Responses

• Lead Paint Section: Tenants should indicate if a child under 6 lives in the apartment, which triggers a mandatory lead paint inspection.
• Window Guard Section: Tenants should indicate if a child 10 years or younger lives in the apartment or if they would like window guards installed for any reason.

Step 5: Perform Necessary Inspections and Installations

• Lead Paint Inspections: If the tenant indicates a child under 6 lives in the unit, arrange for a certified lead paint inspection.
• Window Guard Installation: Install HPD-approved window guards in any unit where a child 10 or younger lives, as well as in any common areas that require them.

Step 6: Maintain Detailed Records and Documentation

• Record Keeping: Maintain a file with copies of the distributed notices, tenant responses, inspection reports, and window guard installation confirmations.
• Annual Certification: Submit the annual certification form to HPD to confirm compliance with lead paint and window guard regulations.

Penalties for Non-Compliance

Landlords who fail to comply with Local Law 1 and the Window Guard Law can face penalties from HPD, including fines. Regular inspections may be conducted by HPD to verify compliance.

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