Florida and NY Window Guard Requirements FAQ

Window guards prevent young children from falling out of upper-story residential windows. The most stringent regulation in the United States is NYC’s window guard law under NYC Health Code § 24 RCNY 12-10, which requires window guards in apartments occupied by children under 11 in buildings of 3+ stories. Florida has more limited statewide rules but local building codes may apply. This FAQ covers both jurisdictions.

Q1. What does NYC § 24 RCNY 12-10 require?

Under NYC Health Code § 12-10 (Title 24 of the Rules of the City of New York):

• Buildings of 3 or more dwelling units must install window guards in every window of any apartment where a child 10 years of age or younger resides.
• The law applies to all multiple dwellings in NYC regardless of building age.
• Tenants must inform landlords if a child under 11 lives in the unit.
• Landlords must distribute an annual notice to all tenants asking if a child under 11 resides — Form WG-1 “Window Guard Notice and Lease Rider.”

The annual notice is sent in the lease rider when leases are signed and renewed, and on January 1 of each year.

Q2. Who installs the window guards?

Under § 12-10:

• Landlord installs window guards in apartments where children under 11 reside.
• Landlord pays for installation and maintenance.
• Tenant cannot remove guards without landlord consent (it’s a lease violation and Health Code violation).
• Failure to install creates a Class C HPD violation (most serious).

Q3. What windows are exempt?

• First floor windows in some configurations.
• Windows providing emergency egress must have releasable guards (per § 27-2043.1).
• Windows that don’t open beyond a certain point (limited to 4 inches) may not require guards.
• Fire escape windows — guards must allow access to fire escape.

Q4. Does NYC § 26-2120 (bedbug disclosure) cover window guards?

No. § 26-2120 addresses bedbug history. Window guards are governed by § 24 RCNY 12-10. They are separate disclosures. Both must be provided at lease signing/renewal.

Q5. What’s the tenant remedy for missing window guards?

If a landlord fails to install window guards in a unit with a child under 11:

• HPD violation — Class C, most serious.
• Tenant remedies under § 235-b warranty of habitability.
• Possible criminal liability under NYC Health Code if a child is injured.
• Civil liability for any injury.

The penalty for non-installation can be substantial. An injured child’s family has both statutory and tort claims.

Q6. What does Florida require?

Florida has no statewide window guard law analogous to NYC. However:

• Local building codes in some municipalities (Miami, Tampa) require window guards in specified high-rise residential buildings.
• Florida Building Code specifies fall-protection requirements for windows above 6 feet, but this is a building-construction requirement, not a tenancy requirement.
• OSHA workplace requirements apply to commercial settings.
• HUD federal programs (Section 8, public housing) require certain safety features.

For private market Florida residential rentals, window guards are not statutorily required. Some leases include safety provisions but these are contractual, not statutory.

Q7. What are the practical safety steps for Florida tenants?

Without statutory requirement:

• Inspect windows before signing the lease.
• Negotiate safety features in the lease if needed.
• Install temporary devices with landlord consent (window stops, child safety devices) — many products are non-permanent.
• Use furniture placement to keep children away from windows.
• Educate children about window safety.

Q8. Are window guards required in NYC condominiums and co-ops?

Yes. § 12-10 applies to any multiple dwelling in NYC of 3+ units. Condos and co-ops are not exempt. The condo or co-op board enforces compliance.

Q9. Does the rule apply to single-family homes in NYC?

No. § 12-10 applies to multiple dwellings of 3+ units. Single-family rental homes are exempt. However, common-law landlord duty of care to provide reasonably safe premises still applies.

Q10. How does the annual notice work?

NYC landlords must:

• Include the Window Guard Notice (WG-1) in every new lease and renewal.
• Send the WG-1 annually to all tenants on January 1.
• Track tenant responses (whether children under 11 reside).
• Install guards within 30 days of receiving notice that a child under 11 resides.
• Maintain installation records for HPD inspection.

Tenants who fail to respond are presumed to have a child if circumstances (school enrollment, family size on lease) suggest one.

Practical workflow for NYC landlords

• Use the standard WG-1 form (HPD provides template).
• Distribute with every new lease.
• Mail or hand-deliver to all tenants on January 1 each year.
• Track responses in a tenant file or system.
• Engage qualified installer for code-compliant guards.
• Document installation with photos and dated invoices.
• Annual visual inspection during routine maintenance.
• Reinstall promptly if guards are removed or damaged.

Practical workflow for NYC tenants with children

• Respond to the WG-1 form indicating a child under 11 lives in the unit.
• Demand installation if not done within 30 days.
• Photograph window conditions and any missing guards.
• File 311 complaint if landlord fails to install.
• Inform school and pediatrician of any concerns.
• Document any near-miss incidents.

Dialogue: a NYC family ensures compliance

🐣 Chick: “We just moved into a 4th floor apartment in NYC. We have a 6-year-old.”

🐮 Cow: “Did the landlord give you the WG-1 form at signing?”

🐣 Chick: “Yes, it was attached to the lease.”

🦉 Owl: “Confirm in writing that a child under 11 lives there. The landlord must install window guards within 30 days.”

🐣 Chick: “What if they delay?”

🐮 Cow: “311 complaint. HPD will inspect. Class C violation if guards aren’t installed.”

🦉 Owl: “And meanwhile, keep furniture away from windows. Use temporary safety devices if you can. Don’t wait for the perfect statutory remedy if your child is at risk.”

Common mistakes (NYC)

Tenant doesn’t return WG-1 form. Without notification, the landlord may not realise a child under 11 lives there. Always notify.

Landlord fails to send annual notice. Required every January 1. Failure is itself a violation.

Removing guards without consent. Tenants who remove guards expose themselves to lease violation and Health Code citations.

Improperly installed guards. Guards must be code-compliant — properly anchored, with appropriate spacing. Tenant-installed guards may not meet code.

Forgetting fire escape considerations. Guards on fire-escape windows must allow emergency exit. Improper guards can violate building code.

Common mistakes (Florida)

Assuming statewide protection exists. Florida lacks NYC-style mandates. Tenant safety is largely tenant’s responsibility.

Ignoring local ordinances. Some Florida municipalities have local rules. Check city/county codes.

Improperly installed devices. Even non-statutory devices must be properly secured. Improperly installed devices can fail and cause injury.

Lease silence on safety. Tenants should explicitly negotiate safety provisions if windows are a concern.

Closing notes

Window guard regulation is uniquely strict in NYC and largely silent in Florida. NYC tenants with young children have powerful statutory protection — but only if they engage with the WG-1 system and hold landlords accountable. Florida tenants must rely on lease negotiation, common-sense precautions, and local code compliance.

For multi-state landlords (NYC properties + Florida properties), compliance systems must be jurisdiction-specific. NYC’s WG-1 system must be in place before any leasing activity. Florida properties operate under a more discretionary framework.

A Gyoseishoshi (行政書士) prepares bilingual safety disclosure templates and tenant briefings. A NY-licensed attorney should advise on contested HPD violations or window-related injury claims.

Create your safety disclosure pack with Scrib🐮

¥22,000/month pass for unlimited access to all 18 document types across 7 countries. Start Free Preview →

Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not US attorneys. For child safety, building code compliance, or contested HPD proceedings, consult a NY-licensed attorney or Florida-licensed attorney respectively.

Sources

• 24 RCNY § 12-10 (NYC Window Guard) — https://rules.cityofnewyork.us/wp-content/uploads/2018/05/Article-12-Window-Falls-Prevention.pdf
• NYC HPD, Window guards information — https://www.nyc.gov/site/hpd/services-and-information/window-guards.page
• Florida Building Code — https://www.floridabuilding.org/c/default.aspx
• NY Real Property Law § 235-b (warranty of habitability) — https://www.nysenate.gov/legislation/laws/RPP/235-B