LEGAL
201-855-6257
NJAA GUIDANCE ON CHILD PROTECTIVE WINDOW GUARDS
Landlords and tenants in New Jersey need to be fully aware of the laws and regulations that apply to the windows in the dwellings that they rent to the public and/or reside in. Most importantly, they need to know how laws and regulations apply to screens that prevent insects from entering the dwellings and window guards that prevent children from falling out of the dwellings.
201-855-6257
Landlords in New Jersey must provide screens on the
windows of their buildings and structures in order to protect against insects. Those screens must be in good repair and
be placed on exterior doors "except for those that are not used for ventilation" Landlords also need to provide
screens on windows that open and are located in common areas and living areas.
On February 5, 2007, the DCA adopted regulations implementing PL
2006, c. 55 – this summer’s revised window guard law.
In addition to requiring the installation of window guards at
tenants’ written request, the statute and regulations impose
notification and inspection requirements outlined below.
INSTALLATION REQUIREMENT:
Owner must install and maintain window guards in apartments and
adjoining public halls when requested in writing by a resident
where a
child 10 years of age or younger resides, or will reside, or
regularly spends, or will spend, a substantial period of time.
WG074
WG075
WG076
WG077
WG078
WG079
WG077
WG078
WG079
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Installation of window guards, maintenance, violations, penalties.
(1) Except as provided in subsection b. of this section, the owner, lessor, agent or other person who manages or controls a multiple dwelling, other than a multiple dwelling which is part of a common interest community, shall, upon the written request of a tenant of a unit in which a child or children 10 years of age or under reside or will reside or are regularly present for a substantial period of time
(2) (a) Except as provided in subsection b. of this section, the owner, lessor, agent or other person who controls a unit of dwelling space in a multiple dwelling within a common interest community, upon the written request of a tenant of a unit in which a child or children 10 years of age or under reside or will reside or are regularly present for a substantial period of time, shall provide, install and maintain child-protection window guards on the windows of the unit.
(2) The requirements of subsection a. of this section shall not apply to seasonal rental units. "Seasonal rental unit" means a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed. The owner, lessor, agent or other person who controls a dwelling unit shall have the burden of proving that the rental is seasonal.
c. Any child-protection window guard installed pursuant to P.L.1995, c.120 (C.55:13A-7.12 et seq.) shall conform to the requirements of the State Uniform Construction Code with respect to means of emergency egress, and a window guard installed on an emergency egress window shall be releasable or removable from the inside without use of a key, tool or excessive force
WG074
WG075
WG076
WG077
WG078
WG079
NJAA Guidance on Child Protective Window Guards
On February 5, 2007, the DCA adopted regulations implementing PL 2006, c. 55 – this summer’s revised window guard law. In addition to requiring the installation of window guards at tenants.
Installation Requirement: Owner must install and maintain window guards in apartments and adjoining public halls when requested in writing by a resident where a child 10 years of age or younger resides, or will reside.
First Floor Windows: Window guards do not need to be installed on first floor windows unless: a: the window sill is more than six feet above grade, or b: a hazardous condition exists necessitating the installation of window guards
Written Notification: New regulations require that owners notify residents of their right to request
window guards twice each year. Notification in a lease or renewal lease satisfies one of the two required notices.
Verbal Notification: At the time of lease signing, lessee must be verbally informed of the right to
request window guards if eligible for them. Leasing agent must read the notification statement, andlessee must sign an acknowledgement that it has been
Lease Notification: Leases must contain notice of residents’ right to request window guard installation.Notice must be in boldface type.
Orientation Sessions: By the end of February each year, a building-wide orientation session must be
held in buildings of four or more stories if the building has: a: window guards installed, or b: was built
with public funds or has tenants who are receiving rental assistance. During the orientation the FAQ
(printed in the regulations) must be read to the tenants. A log of participants must be maintained.
Notice of the orientation must be posted in common areas at least two weeks prior to the session.
Inspections: Installed window guards must be inspected between March 1st and May 1st and between
September 1st and December 1st. A log recording the results of the inspections must be maintained.
Costs: Residents may be charged up to $20.00 for each window guard requested.
Save your children life
Many children are hurt and worse some even die from falling from windows. Although a law was put in place in 1995 which required the landlord to install window guards.
Child Protection Window Guard Law: This law is named after three children from the state of New Jersey who lost their lives because of falling from windows.
This form will be included in the lease package. A landlord
would use this form when he rents an apartment of defined
specifications and when the tenants have a child 10 or under,
or a child 10 years of age or younger who is frequently
present in the residence.
Important Notice: Landlord must also verbally notify
the tenant of this requirement.
NEWARK, NJ — A 6-year-old girl jumping on her bed died after falling from a third-floor window in an apartment building on 14th Avenue in 2018.
A 4-year-old boy was critically injured after falling from a sixth-floor window on Oxford Street in 2021.
In neighboring Elizabeth, a 3-year-old boy who fell from a window was mauled to death by the family’s dogs in 2021.
The Newark City Council earlier this month updated the municipality's requirements for the installation of window guards in apartments. Window guards are metal grills that prevent children from falling out of windows.
The law requires landlords to install window guards in those apartments in which renters have children 10 years old or younger, City Corporation Counsel Kenyatta Stewart told the council on Aug. 2.
“We recognize that there have been a number of issues throughout the country,” Stewart said. “We want to try to protect the residents and their kids in this process.”
What are the landlord-tenant requirements for window safety?
Landlords and tenants in New Jersey need to be fully aware of the laws and regulations that apply to the windows in the dwellings that they rent to the public and/or reside in
Landlords in New Jersey must provide screens on the windows of their buildings and structures in order to protect against insects.
In addition to screens, landlord-tenant regulations require that landlords provide approved child protection window guards on exterior windows of residences where children who are 10 years of age or younger live
The owner is required by law to provide, install and maintain window guards in the unit of any
tenant who has a child or children ten (10) years of age or younger living in the unit or
regularly present there for a substantial period of time and makes a written request to the
owner or owner’s representative that the window guards be installed, and that the owner is
also required, upon the written request of any such tenant, to provide, install and maintain
window guards in the building hallways to which persons in the tenant’s unit have access
without having to go out of the building, other than hallways on the first floor in which
there is no window having a sill more than six (6) feet above grade at the location of the
window or having any other condition at that location necessitating installation of a
window guard
A lease offered to a tenant of a first floor unit shall state that window guards are not
required to be installed in the unit or in hallways on the first floor unless the sill of any
window in the unit is more than six (6) feet above grade at the location of the window or there
is any other hazardous condition at that location necessitating installation of a window
guard.
Window Guard Notice
The wner is required by law to provide, install and maintain window guards in the unit of any tenant who has a child or children ten (10) years of age or younger living in the unit
or regularly present there for a substantial period of time and makes a written request to the owner or owner’s representative that the window guards be installed
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WINDOW GUARD NOTIFICATION:
the owner (landlord) is required by law to provide, install and maintain window guards in the apartment if a child or children 10 years of age or younger is, or will be, living in the apartment or is, or will be, regularly present there for a substantial period of time if the tenant gives the owner (landlord) a written request that the window guards be installed. the owner (landlord) is also required, upon the written request of the tenant, to provide, install and maintain window guards in the hallways to which persons in the tenant's unit have access without having to go out of the building. if the building is a condominium, cooperative or mutual housing building, the owner (landlord) of the apartment is responsible for installing and maintaining window guards in the apartment and the association is responsible for installing and maintaining window guards in hallway windows. window guards are only required to be provided in first floor windows where the window sill is more than six feet above grade or there are other hazardous conditions that make installation of window guards necessary to protect the safety of children.
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