If a child ten or under lives in the apartment, New York City requires window guards on windows that are not exits to a fire escape. The rule is in the Housing Maintenance Code, including Administrative Code section 27-2043.1. It is not a building courtesy, and it is not optional because the windows look too high to worry about.
Who has to install them
The owner installs approved guards. You are supposed to notify the owner if a child ten or under lives there, including a child who starts living there after you sign. You can also request guards even if no child that age lives with you. Do not refuse installation. Do not take the guards off in July because you want more air and put them back in September.
Fire-escape windows are treated differently because they are an exit. Do not block a fire escape with a guard the code does not allow, and do not confuse that exception with "we don't need guards on this floor."
What to check on a tour
If you have a child, look at the windows, the sills, and whether guards are already in place. Ask how the building handles the notice form. A terrace door is not the same object as a double-hung window. Ask about that opening specifically rather than assuming a child gate from a hardware store satisfies the code.
The children's playroom on the 5th floor is an indoor amenity. It does not replace window guards in the apartment. St. Vartan Park does not either.
Do this before keys
Tell the leasing office the ages of children who will live in the unit. Get the notice on paper. If you are still choosing a plan, tour it with the windows in mind, not only the closets. Filter listings or call (212) 684-3222.
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