Who Is Responsible For Paying For Window Guards?

[cooksie]

I live in a non-regulated apartment with three units. My wife and I had our first child about a year after we moved in, and our landlord has informed us that New York City law requires that window guards be installed on all windows in our apartment now that a child lives there. The landlord will take care of obtaining and installing the guards, but has asked us to pay for them.

I can't find any guidance in the law or NYC regulations as to who is responsible for paying for window guards in non-regulated apartments (though the law is clear that owners of rent-stabilized apartments can pass the cost along to tenants). The law requires the owners to install and maintain the window guards, and the owner is the one who is subject to penalties if they are not installed in apartments with children.

I'm happy to have window guards, but I can't see how I should be expected to reimburse my landlord for improving his property and bringing it into compliance with the law. Does anyone know if the law spells out who is responsible for paying for window guards? Is it common for landlords to pass along the cost to tenants?

[lofter1]

WINDOW GUARDS

Landlords of multiple dwellings in New York City must install
government approved window guards in each window in any apartment
where a child ten years old or younger lives. Tenants are
required to have such guards installed. In other cases, landlords
are required to install window guards provided the tenant
requests them. Windows giving access to fire escapes are
excluded. Protective guards must also be installed on the windows
of all public hallways. Landlords must give tenants an annual
notice about their rights to window guards and must provide this
information in a lease rider. Rent controlled and stabilized
tenants may be charged for these guards. (NYC Health Code Sec.
131.15, Local Law 33, 1986)

http://www.tenant.net/Rights/atgrent.html

[TenantNet]

Cooksie,

Where did you see anything that says LLs can pass the cost of window guards on to RS tenants?

[Black X. Hat]

It's in Fact Sheet 25 (assuming that's correct):

http://nysdhcr.gov/Rent/FactSheets/orafac25.htm

[TenantNet]

Thanks. I hadn't seen that. DHCR can't levy the fee, but it might be in the NYC Administrative Code.

[Emeraldstar]

Hi All
Good question cooksie. The way I read it is the cost would be on your LL since your non reg. and I see nothing to indicate it's your cost. I would call to confirm though. Please post back with your results. It's good to know Thanks