Last year there were nine falls from windows among children 10 years old and younger; one was fatal in New York City, according to figures from the Department of Health.
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In 2021 alone, of the nine window falls, seven were due to improperly installed window guards, and two were due to improperly installed window air conditioners.
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“All falls from a window are preventable,” said Health Commissioner Dr Ashwin Vasan
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In New York City, owners of buildings with three or more residential units are required to install window guards approved in any apartment where care for or live with a child 10 years old or younger.
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Approved window guards must be properly installed on all windows. windows that are not emergency exits.
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Also, landlords must install window guards if requested by a tenant, even if there are no children in the apartment.
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The New York City building guidelines also make it clear that loose objects should not be used, such as wood blocks, bricks, books, sheetrock, cardboard, or cans, to support the leveling of the air conditioning unit.
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The law does not allow tenants to remove window guards to install air conditioners.
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Note that you can ask the owner of the building to install the air conditioning and the protections of the windows of his house.
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Measures to prevent these accidents
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In homes with children age 10 and under, tenants must:
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- Notify the building owner and complete the annual notice provided by the owner.
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- Allow the building owner or a representative access to the dwelling to install window guards that prevent windows from opening more than 4½ inches.
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- Never alter or remove window guards once installed.
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- Mosquito nets are not a substitute for window guards.
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- Do not leave a child alone in a room with open windows until window guards or limiting devices are properly installed.
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- If a building owner refuses to install window guards, tenants should call 311 to file a complaint with HPD.
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- Building owners can also call 311 to report tenants who refuse to allow the guards to be installed as required by law.
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New York City was the first in the United States to adopt a window protection policy in 1976. Before the law was passed, more than 100 falls frequently occurred, some fatal.
In the last 20 years, there have been fewer than 20 annual falls according to city data.
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