Category: Landlord Guides

What Does Oregon Law Actually Say About Criminal Records Screening?

Oregon Revised Statute 90.303(3) is straightforward but frequently misunderstood by self-managing landlords. The statute reads:

"A landlord shall not consider any arrest record, conviction record or other criminal history of a prospective tenant or occupant in determining whether to enter into a tenancy unless ... the prospective tenant or occupant was convicted of a felony or misdemeanor that involved ... the prospective tenant or occupant committed not more than 10 years before the prospective tenant or occupant submits an application for tenancy."

This means you cannot screen a tenant out solely because they have a criminal record. You can only consider convictions that occurred within the past 10 years. The 10-year clock starts from the date of sentencing, not from the date of arrest or conviction verdict.

The practical effect: If an applicant was convicted of a felony in 2014 and sentenced in 2015, by July 2026 (11 years later), that conviction is outside the lookback window and cannot be used in your screening decision.

The 10-Year Lookback Period: How to Calculate It Correctly

This is where landlords make costly mistakes. The statute uses "date of sentencing" as the trigger, not the date of arrest or even the conviction date.

Example Scenario 1: Felony Conviction

• Applicant arrested: January 2018
• Convicted: September 2019
• Sentenced: March 2020
• Today's date: July 2026
• Result: 6 years and 4 months since sentencing. Within the 10-year lookback. You may consider this conviction in your screening.

Example Scenario 2: Misdemeanor Conviction

• Applicant arrested: June 2014
• Convicted: December 2014
• Sentenced: December 2014
• Today's date: July 2026
• Result: 11 years and 7 months since sentencing. Outside the 10-year lookback. You cannot consider this conviction, even if it appears on their record.

Many landlords and screening companies still pull full criminal histories without applying the lookback filter. This creates liability. Oregon's Bureau of Labor and Industries (BOLI) has enforcement authority over fair housing violations, and violations are treated as unfair or deceptive business practices under ORS 646.607.

What Types of Convictions Can You Screen For?

ORS 90.303(3) does not say you can screen for all crimes. It permits consideration only if the conviction:

1. Is a felony or misdemeanor (not citations, arrests, or charges)
2. Occurred within 10 years of sentencing
3. Is directly relevant to the tenancy (implied by case law and agency guidance)

Oregon courts and housing advocates interpret "relevance" strictly. Convictions for violent crimes, property crimes, drug trafficking, or crimes involving fraud or dishonesty may be relevant to housing. Convictions unrelated to tenancy (e.g., a 5-year-old speeding ticket elevated to criminal misdemeanor in rare cases) may not be.

Critical distinction: The statute permits you to consider convictions, but it does not require you to deny housing based on them. You must still apply business judgment, consider rehabilitative factors, and avoid disparate impact discrimination.

What You Cannot Screen For Under ORS 90.303(3)

• Convictions older than 10 years from the date of sentencing
• Arrest records that did not result in conviction
• Pending criminal charges
• Sealed convictions (ORS 137.225)
• Expunged convictions (ORS 137.007)
• Dismissed charges
• Convictions that have been reversed on appeal
• Misdemeanor convictions for marijuana possession prior to July 1, 2015 (when recreational marijuana became legal)

Using any of these categories as a screening criterion creates statutory liability and potential liability under the Oregon Fair Housing Act (ORS 659C.065).

Sealed and Expunged Records: The Special Rule

Oregon allows certain criminal records to be sealed or expunged. Under ORS 137.225, a person convicted of a crime can petition to seal the record after a waiting period. Once sealed, the applicant has a legal right to answer "no" when asked about the conviction.

Your obligation: If an applicant discloses a conviction, then later provides evidence the record was sealed or expunged, you must treat it as if it never happened. Denying housing based on a sealed or expunged conviction violates ORS 90.303(3) and exposes you to damages.

Many screening companies still report sealed records. If you use a third-party screening service, verify in writing that they:

• Apply the 10-year lookback rule from date of sentencing
• Exclude sealed and expunged records
• Exclude arrests without convictions
• Exclude pending charges

You remain liable for information your screening vendor provides, even if you didn't know it violated ORS 90.303(3).

Practical Compliance: How to Screen Tenants Legally

Step 1: Create a Written Screening Policy

Document your criminal records screening criteria before you show any units. Your policy should state:

• That you comply with ORS 90.303(3) and the 10-year lookback rule
• Which types of convictions you will consider (felonies, misdemeanors, or both)
• Whether you will conduct criminal background checks for all applicants or only certain applicants (ensure the latter is applied consistently and doesn't discriminate)
• That you will not consider sealed, expunged, or dismissed records
• That you will not consider arrests without convictions
• The date you will use as your baseline (e.g., "as of the date of application")

Why this matters: If a tenant challenges your denial, you'll need to show your policy was applied consistently. Inconsistent application is evidence of discrimination.

Step 2: Use a Compliant Screening Service or DIY with Care

If you use a third-party screening company, request their compliance documentation. They should confirm in writing that their reports include:

• Only convictions within 10 years of sentencing (not arrest date or conviction date)
• Calculated from the exact date you run the report
• Exclusion of sealed, expunged, or dismissed records
• Exclusion of arrests without convictions

LeaseBase's compliance engine flags discrepancies in screening reports and alerts you to records outside the lookback period so you don't accidentally use them.

If you screen manually using public records, calculate the 10-year window yourself. Do not rely on the screening company's calculation alone.

Step 3: Document Your Decision

If you deny tenancy based on criminal history, document:

• The specific conviction(s) you considered
• The date of sentencing
• The date you ran the background check
• Whether the conviction falls within the 10-year window
• Your business reason for denying (e.g., "felony conviction for residential burglary within 5 years creates unacceptable risk to other tenants' safety and property")

Do not document vague reasons like "criminal history" or "bad background." Specificity protects you in litigation.

Step 4: Provide Notice of Denial (If Applicable)

Oregon does not have a specific statute requiring notice of denial based on criminal records screening results, but fair housing best practices and federal guidance under the Fair Credit Reporting Act (FCRA) suggest providing notice if you use a third-party screening service. Your notice should disclose:

• That a background check was conducted
• The name and contact information of the screening company
• That the applicant has a right to dispute the accuracy of the report

If you deny based on information in the report, follow FCRA requirements by providing a copy of the report and notice of the applicant's rights.

Common Compliance Mistakes and Penalties

Mistake #1: Using Convictions Older Than 10 Years

What happens: Tenant files complaint with Oregon BOLI alleging discrimination based on criminal history. BOLI investigates and finds you considered a 2013 conviction in 2026.

Penalty: Up to $1,000 per violation under ORS 646.607. If the investigation finds pattern of discrimination (e.g., you rejected three applicants with old convictions), penalties multiply. Additional liability under ORS 659C.065 for actual damages (lost housing), attorney fees, and civil penalties up to $5,000.

Mistake #2: Screening Based on Arrest Records

What happens: Applicant has arrest for felony drug possession in 2024, charges were dismissed in 2025. You deny based on the arrest. Applicant provides evidence dismissal letter.

Penalty: Tenant can sue for damages under ORS 659C.065. Oregon courts have awarded damages for lost housing opportunity, emotional distress, and attorney fees.

Mistake #3: Using a Screening Service That Doesn't Filter Properly

What happens: You use a national screening company. Their report includes a 2012 conviction from Oregon. You deny applicant. Applicant sues and names both you and the screening company.

Penalty: You are liable. The fact that you relied on a vendor does not shield you. Oregon courts hold landlords responsible for the accuracy of information used in tenant decisions. You should have verified the report applied the 10-year lookback rule. Damages include actual damages, attorney fees, and potentially punitive damages if the violation was knowing or reckless.

Mistake #4: Inconsistent Application of Criminal Records Policy

What happens: You deny applicant A for a felony within the 10-year window but approve applicant B with a similar conviction. Applicant A has documentation showing you applied different standards.

Penalty: Inconsistency is evidence of discrimination. BOLI may investigate whether the denial was based on protected class status (race, color, national origin, disability, etc.). Oregon enforces both ORS 90.303(3) and ORS 659C.065 (Fair Housing Act). Penalties range from $1,000 to $10,000+ depending on damages found.

Recent Law Changes and Agency Guidance (2024–2026)

As of July 2026, Oregon has not amended ORS 90.303(3) since its adoption, but enforcement has intensified. The Oregon Bureau of Labor and Industries has prioritized housing discrimination complaints involving criminal records screening, particularly as they intersect with race and national origin discrimination.

Key enforcement trend: Regulators are scrutinizing whether landlords apply criminal records screening equally across protected classes. For example, if you screen white applicants' convictions strictly but overlook convictions of applicants of color, you've engaged in disparate treatment discrimination. Be prepared to show your policy was applied uniformly.

Additionally, some local jurisdictions (e.g., Portland) have local ordinances that may impose stricter limitations than state law. Always check local rules; local ordinances preempt state law if they're more protective.

Building a Compliant Screening Process: Checklist

Compliance Task	Requirement	Deadline / Frequency
Create written screening policy	Document criteria for all tenants; include 10-year lookback rule	Before screening first applicant
Verify screening vendor compliance	Request written confirmation vendor applies 10-year lookback from sentencing date	Upon contract; annually review
Run background check	Use vendor or manual public records search; verify lookback calculation	Upon application
Calculate 10-year window	Use date of sentencing (not arrest or conviction date); confirm within 10 years of application date	For each conviction found
Document screening decision	Record specific conviction(s), sentencing date, relevance to tenancy, approval or denial reason	Upon approval or denial
Provide notice (if using third-party vendor)	Disclose vendor name, contact info, applicant right to dispute accuracy (FCRA requirement)	Before or at time of denial
Review policy annually	Confirm consistent application; check for changes in local or state law	July of each year

Can You Consider Convictions Beyond the 10-Year Window?

No. The statute is unambiguous. However, Oregon law does allow limited exceptions for crimes involving sex offenses or crimes against children. ORS 90.303(3) itself contains language permitting consideration of certain categories despite age, but only in specific circumstances defined by law. This exception is narrowly interpreted by Oregon courts and rarely applied in rental housing context.

If an applicant has a decades-old conviction for a serious crime: You cannot use it as grounds for denial under ORS 90.303(3). Your only option is to deny based on other legitimate, non-discriminatory reasons (e.g., insufficient income, poor credit, failure to pay prior rent).

Integration With Other Screening Factors

Criminal records screening is one piece of tenant evaluation. You must also consider:

• Income verification (typically 3x rent rule)
• Credit and rental history
• Employment status
• References from prior landlords

Do not allow a single negative factor to disqualify an applicant without considering the full picture. This is especially true for criminal records, where rehabilitation, time elapsed, and mitigating factors matter in fair housing analysis.

LeaseBase's lease operations module helps you document and standardize your entire tenant evaluation process, ensuring consistency across all applicants.

Frequently Asked Questions

Q1: If an applicant discloses a conviction on their application, am I required to run a background check?

A: No. You may choose to run a background check or rely on self-disclosure. If you do run a check, you must apply ORS 90.303(3) fairly. However, if an applicant discloses a conviction and you approve them without verification, you cannot later deny based on a background check that contradicts their disclosure. Treat all applicants' disclosures consistently.

Q2: What if an applicant tells me they have a conviction, but the background check shows it was sealed?

A: The applicant had a legal right to answer "no" to any conviction question. The sealed record is off-limits for your decision. If you deny based on a sealed conviction, you violate ORS 90.303(3). Treat the disclosure as non-existent and proceed with approval or denial based on other factors.

Q3: Can I deny a tenant because of pending criminal charges?

A: No. Pending charges are not convictions. ORS 90.303(3) applies only to final convictions. Denying based on pending charges exposes you to discrimination liability. Wait for resolution or deny based on other factors. (Note: If charges result in conviction, you can then apply ORS 90.303(3) to future applications.)

Q4: Does Oregon law allow me to deny tenancy based on conviction of a violent crime within the 10-year window?

A: Potentially, but only if you can articulate a legitimate business reason (e.g., "applicant convicted of assault poses unacceptable risk to safety of other tenants"). You must document this reason. However, you still must apply your policy consistently and ensure you're not using violent crime convictions as a pretext for discrimination based on protected class status. Consider the applicant's age at the time of conviction, time elapsed, evidence of rehabilitation, and circumstances surrounding the crime.

Q5: My screening company says they comply with Oregon law, but I'm not 100% sure. What should I do?

A: Request written confirmation in writing that their reports: (1) exclude convictions older than 10 years from date of sentencing; (2) calculate the 10-year window from your report date; (3) exclude sealed, expunged, and dismissed records; (4) exclude arrests without convictions. Ask for a sample report showing how they label sentencing dates. If they cannot provide this documentation, switch vendors. Your liability is non-delegable; you're responsible for what information is used in your tenant decisions, regardless of vendor assurances.

Key Takeaway for Self-Managing Landlords

Oregon's ORS 90.303(3) is not optional compliance. The 10-year lookback period, calculated from date of sentencing, is a hard-stop rule. Violations are treated as unfair or deceptive trade practices with statutory penalties up to $1,000 per violation, plus potential damages under the Oregon Fair Housing Act. Tenants can recover actual damages, attorney fees, and civil penalties up to $5,000.

The best protection is a documented, consistently applied screening policy that explicitly incorporates the 10-year lookback rule and excludes all categories of records outside the statute. Verify any third-party screening vendor in writing and do your own lookback calculation on every conviction discovered. Document your decision thoroughly and be prepared to explain your business reason if challenged.

If you manage 2–75 units, manual tracking of screening decisions across multiple properties and applicants creates risk. LeaseBase's portfolio management tools centralize screening documentation and ensure consistent application of your policy across all properties. Automated compliance flagging alerts you before you make a costly mistake.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Oregon housing law is complex and enforcement is strict. When in doubt, seek counsel before denying tenancy based on criminal history.

What Are Window Guards and Why NYC Law Requires Them

Window guards are metal bars or mesh screens installed on apartment windows to prevent accidental falls—particularly for young children. New York City recognizes that unguarded windows present a serious fall hazard: children between ages 2 and 10 account for the majority of fall-related injuries in residential settings. In 2024–2025, NYC reported over 150 pediatric window-related injuries annually, many of which were preventable.

NYC Health Code §131.15 treats window guards as a mandatory habitability requirement, not optional safety equipment. The law applies to:

• All windows in units where a tenant has a child under age 11
• All windows in units designated as housing for families with children (regardless of current occupancy)
• Windows in all dwelling units in multiple dwellings (apartment buildings with 3+ units)
• Ground-floor windows and any window above a fire escape, ledge, or other drop-off that creates a fall hazard

As a self-managing landlord, you are responsible for knowing whether your unit is occupied by or designated for children under 11. This information typically appears in your lease, rental application, or initial tenant communication. Even if a tenant doesn't disclose the presence of children, once you're notified (via written request, HPD complaint, or any other means), you must treat the unit as subject to the window guard requirement.

Legal Requirements Under NYC Health Code §131.15

Section 131.15 of the NYC Health Code establishes four core compliance requirements:

1. Installation Requirement

Landlords must install window guards on all windows in units with children under 11. The regulation does not provide exceptions for:

• High-floor units (guards are required on all windows, regardless of height)
• Windows with air conditioning units (window guards must still be installed)
• Historic or landmark buildings (NYC provides a variance process, but guards are still required unless a formal variance is granted)
• Tenant refusal (the tenant's preference does not override your legal obligation)

The law is strict: you cannot condition installation on tenant agreement, charge the tenant for installation, or delay installation based on tenant preference or lease terms.

2. Performance Standards

Window guards installed under §131.15 must meet these specifications:

Specification	Requirement
Bar spacing	No more than 4 inches apart (measured horizontally and vertically)
Force requirement	Must support 200 pounds of outward force without dislodging from the frame
Material	Steel bars or approved mesh material (no deterioration or rust that compromises integrity)
Installation	Securely fastened to the window frame; cannot obstruct egress in case of fire
Quick-release mechanism	Approved guards may include a quick-release mechanism operable by adults to allow emergency egress

HPD inspectors test window guard compliance by applying force and checking bar spacing. If bars exceed 4 inches apart or a guard fails the force test, it is cited as a violation.

3. Landlord Responsibility for Installation and Maintenance

Installation and maintenance are entirely the landlord's responsibility and expense. You cannot:

• Charge the tenant an installation fee or monthly surcharge for window guards
• Include window guard installation costs in rent
• Deduct installation or repair costs from the security deposit
• Require the tenant to arrange or pay for installation as a condition of occupancy
• Make window guard repairs contingent on the tenant's maintenance request (you have a proactive duty to maintain them)

If a guard becomes damaged, loose, or corroded, you must repair or replace it within 14 days of notice from the tenant or HPD. Delaying repairs to save money is a violation and can result in escalating fines.

4. Tenant Right to Request in Writing

Tenants have the right to request window guards in writing. Once a written request is received (email, letter, text message, or formal request through HPD's online portal), you have 14 calendar days to comply. The 14-day clock starts from the date the request is received by you or your designated agent.

If you fail to respond within 14 days, the tenant can file an HPD complaint, and you face:

• A Class C violation ($500–$1,000 per window)
• An additional violation for failure to respond to a tenant request (separate fine)
• Potential rent abatement claims if the tenant pursues a housing court defense

HPD Violations, Penalties, and Enforcement

Violation Classification

Window guard violations are classified as Class C violations under NYC Housing Maintenance Code violations. Here's the penalty structure:

Violation Type	First Violation	Repeat Violation (within 3 years)
Missing or non-compliant window guard (per window)	$500–$1,000	$1,000–$2,000
Failure to respond to tenant request within 14 days	$250–$500	$500–$1,000
Damaged/deteriorated guard (non-functional)	$500–$1,000	$1,000–$2,000

Violations are issued by HPD and adjudicated through OATH (Office of Administrative Trials and Hearings). If you do not contest a violation within 30 days, a default judgment is issued, and you must pay the full penalty.

Accumulation of Violations and Property History

Multiple window guard violations at the same property create a pattern that HPD uses to establish neglect of habitability standards. If your property accumulates three or more violations within 12 months, HPD may:

• Issue a formal notice of violation pattern
• Schedule compliance inspections more frequently
• Flag your property for third-party oversight or monitoring
• Pursue legal action against you in housing court

Violation history is also discoverable in tenant disputes, giving tenants evidence of your non-compliance in rent abatement or habitability claims.

Practical Compliance Checklist for Landlords

Step 1: Identify Units with Children Under 11 (Before and During Tenancy)

At move-in:

• Review the rental application and lease for disclosure of children under 11
• Ask the tenant directly (in writing) whether they have or plan to have children under 11 in the unit
• Document the tenant's response (keep the email or signed form)

During tenancy:

• If you become aware that a child under 11 is living in the unit (via tenant communication, observation, or any other means), treat the unit as requiring window guards immediately
• Do not wait for formal written notice; the moment you know, you have a legal obligation

Step 2: Measure and Assess Windows Before Installation

Before ordering guards, measure all windows in the unit:

• Identify window dimensions and frame type (wood, aluminum, vinyl)
• Note any windows with air conditioning units or obstructions
• Identify windows above fire escapes or ground-level windows with exterior hazards
• Check for historic or landmark building designation (which may require a variance)

Take photos of the windows for your records and to share with your vendor.

Step 3: Select Compliant Window Guards

Purchase guards that meet §131.15 specifications:

• Bar spacing: Verify that bar spacing is 4 inches or less (get written certification from the manufacturer)
• Force rating: Confirm the guard supports 200+ pounds of outward force (check product documentation)
• Installation: Ensure the guard can be securely fastened to your frame type
• Emergency egress: If using quick-release guards, verify the mechanism meets fire code requirements (NYC Building Code §1005.1)

Common compliant products include steel bar guards and mesh grille guards from vendors such as Mako Guards, FirstAlert Window Guard, and other HPD-approved manufacturers. Request compliance certificates from your vendor.

Step 4: Install Within Legal Timeframe

Proactive installation (no tenant request): Install within 30 days of learning the unit houses a child under 11.

Response to tenant request: Install within 14 calendar days of receiving written request.

Document the installation date with photos, work order, and contractor receipt. Save all documentation for HPD review if needed.

Step 5: Conduct Regular Maintenance Inspections

Inspect window guards at least twice annually (spring and fall):

• Check for rust, corrosion, or material deterioration
• Verify that bars are still spaced 4 inches or less apart
• Test fasteners to ensure guards are secure
• Confirm quick-release mechanisms (if applicable) still function
• Look for damage from weather, tenant use, or accident

Document inspections in writing (create a simple checklist or spreadsheet with date, unit number, condition, and any repairs needed).

Step 6: Respond Promptly to Maintenance Requests

If a tenant requests repair or replacement, respond within 7 days (well ahead of the 14-day legal requirement) with:

• Confirmation of the request and your timeline to repair
• Scheduled appointment or completion date
• Follow-up notification once repair is complete

Create a log of all tenant requests and your responses. This protects you if the tenant later claims you failed to respond.

How to Handle Tenant Disputes and Refusals

Tenant Refuses to Allow Installation

Some tenants resist window guard installation, claiming they obstruct views, block light, or violate their autonomy. Under NYC law, tenant preference is irrelevant. You must install window guards regardless of tenant objection.

How to proceed:

1. Send the tenant a formal written notice (email or certified mail) stating that window guards are required under NYC Health Code §131.15 and will be installed on [specific date]
2. Provide at least 24 hours notice (and preferably 48 hours) of entry to allow the tenant to arrange access
3. Install the guards by the stated date, whether or not the tenant agrees
4. Document the installation with photos and a work order
5. If the tenant refuses entry, you may have grounds to pursue a lease violation; consult a tenant attorney before taking action

Tenant Disables or Removes Guards

If a tenant removes, disables, or tampers with window guards after installation, this is a lease violation and a safety hazard. Document the condition with dated photos and send the tenant a formal written notice:

• "Notice to Restore Window Guards"
• Identify the affected windows
• Explain the legal requirement and hazard
• Give the tenant 5 business days to restore the guards or allow you to restore them
• If the tenant refuses, you have grounds to pursue eviction for lease violation (consult an attorney)

In the interim, you may need to file an emergency violation with HPD to protect yourself legally, showing that you took corrective action and the violation was caused by the tenant, not landlord negligence.

Tenant Claims Disability Accommodation

Occasionally, a tenant may claim that window guards violate an ADA accommodation or create a safety issue for a disabled household member (e.g., a person using a wheelchair who needs unobstructed window access for emergency egress).

How to respond:

• Request a written explanation of the disability-related concern
• Consult with a disability rights attorney or property counsel before removing or delaying installation
• Explore alternative solutions (e.g., quick-release guards, window bars with larger spacing that still meet safety standards if approved by HPD)
• Document your good-faith engagement with the tenant
• Do not simply remove guards without legal guidance; this creates liability

Note: NYC Health Code §131.15 does not provide an exemption for disability accommodations, but an interactive process may reveal reasonable alternatives. Seek legal counsel to navigate this properly.

HPD Complaint Process and Your Defense

How Tenants File HPD Complaints

Tenants can file window guard complaints online through HPD's website (hpd.gov), by phone (311), or through community organizations. HPD will issue a complaint number and schedule an inspection within 5–10 business days.

What to expect:

• HPD inspector will measure bar spacing and test the guard's force resistance
• Inspector will photograph the window and take notes
• If a violation is found, you will receive a violation notice by mail
• The violation will include a case number, inspection date, and the specific finding (e.g., "Missing window guard" or "Bar spacing exceeds 4 inches")
• You have 30 days to respond or file a hearing request with OATH

Contesting a Violation

If you believe an HPD violation is incorrect, you can file a hearing request with OATH within 30 days of the violation notice. Bring:

• Proof of installation (contractor receipt, photos, work order)
• Manufacturer specifications showing compliance with the 4-inch bar spacing and 200-pound force requirements
• Photos of the guard in place (timestamped)
• Documentation of maintenance or repairs, if relevant
• Proof of tenant communication (lease, email, written request)

If you win the hearing, the violation is dismissed. If you lose, you must pay the fine within 30 days or request a payment plan from HPD.

Non-Payment Consequences

Failing to pay HPD violations within 30 days of an OATH judgment results in:

• Addition of interest and collection fees (10% per annum)
• Placement of a lien against your property (recorded with the NYC Department of Finance)
• Wage garnishment or bank account levy (in extreme cases)
• Suspension of your property from city housing programs or financing (if applicable)
• Increased scrutiny in future HPD inspections

Pay violations promptly to avoid compounding costs and legal complications.

Window Guards and Rent Abatement Claims

If a tenant discovers that your unit lacks window guards and you fail to install them, the tenant may pursue a rent abatement claim in housing court. The tenant argues that the unit is not fit for habitation under New York Real Property Law §235 and seeks a reduction of rent.

Courts have found that missing or non-functional window guards in units with children under 11 constitute a breach of the implied warranty of habitability. Judges may abate rent by 5–30% depending on:

• How long the condition persisted
• Whether the tenant gave you notice and you ignored it
• The severity of the safety hazard
• Your history of compliance violations

Example: A tenant with two children under 11 lives in a $2,000/month apartment. You fail to install window guards for four months despite the tenant's written request. A judge may order you to refund 20–30% of rent for those months ($400–$600/month × 4 = $1,600–$2,400 total), plus the tenant's attorney fees.

Preventing rent abatement claims by installing window guards proactively is far cheaper than defending a housing court lawsuit.

Special Situations and Exceptions

Historic Landmark Buildings

Landlords of historic landmark properties can request a variance from NYC's Landmarks Preservation Commission (LPC) if window guards are deemed incompatible with the building's historic character.

Important: A variance is not automatic. You must:

1. File a variance application with the LPC
2. Provide documentation showing why guards conflict with historic preservation
3. Propose alternative safety measures (e.g., window locks, fixed screens, tenant education)
4. Receive LPC approval before installing non-compliant alternatives

Until a variance is formally granted, you are still required to install compliant window guards. Do not delay installation while awaiting a variance decision.

Single-Family Homes and Small Buildings

NYC Health Code §131.15 applies to "multiple dwellings," which includes any building with 3 or more units. Single-family homes and 2-unit buildings are technically exempt from the Health Code requirement, but you should still consider window guards as a liability and habitability best practice if you house families with young children.

Air Conditioning Units and Window Obstruction

Window guards must be installed even if the window has an air conditioning unit. Install the guard on the interior side of the AC unit or select a guard design compatible with AC units. Do not skip windows because of AC units; HPD will still cite a violation for missing guards.

Integrating Window Guard Compliance into Your Leasing and Portfolio Management

Self-managing landlords typically track dozens of compliance obligations across multiple units. Centralizing window guard information—along with lease data, tenant contact info, and maintenance history—reduces the risk of missed deadlines.

Consider these management practices:

• Intake process: Add a question to your rental application asking whether the tenant has children under 11. Document the answer clearly and keep it with the lease.
• Lease addendum: Include a clause in your lease stating that window guards are required for units housing children under 11, they are provided at no cost, and the tenant should report any damage promptly.
• Maintenance tracking: Use a spreadsheet or property management log to track installation dates, maintenance schedules, and any tenant requests related to window guards.
• Annual audit: Every 12 months, review your portfolio to confirm that all units with children under 11 have current, compliant window guards.
• Vendor relationships: Develop a relationship with a reliable window guard installer who understands NYC compliance requirements and can respond to repair requests quickly.

For multi-unit portfolios, a compliance management system that flags tenant requests and tracks installation deadlines is invaluable. LeaseBase's compliance engine automatically tracks statutory deadlines and alerts you when action is needed, ensuring that critical habitability items like window guards don't slip through the cracks.

Frequently Asked Questions

Q1: Do I need window guards if the tenant doesn't have children currently but might have children in the future?

A: No, but you should be prepared to install them immediately if the tenant notifies you that a child under 11 is moving in or if the tenant requests them in writing. Your lease should clarify that if children under 11 move into the unit, window guards will be provided at no cost to the tenant and installed within 14 days of notice. Some landlords proactively install guards in family-designated units to avoid future delays.

Q2: Can I charge the tenant a monthly fee to maintain or replace window guards?

A: Absolutely not. Window guard installation, maintenance, and replacement are landlord responsibilities and cannot be passed to the tenant in any form—not as a monthly fee, a surcharge, a deduction from rent credits, or a security deposit deduction. Charging tenants violates §131.15 and gives the tenant grounds to file an HPD complaint and seek damages.

Q3: What if my tenant tampered with or removed the window guard?

A: Document the condition with timestamped photos and send the tenant a formal notice to restore the guard within 5 business days. If the tenant refuses, you can: (1) enter the unit yourself (with proper notice) and reinstall the guard; (2) pursue a lease violation charge; or (3) file a violation with HPD to establish that the landlord (you) is compliant and the violation is tenant-caused. Do not ignore the problem, as it opens you to liability and tenant complaints.

Q4: Do window guards need a quick-release mechanism for fire safety?

A: Quick-release mechanisms are optional but recommended. If you use them, verify that the mechanism complies with NYC Building Code §1005.1 (emergency egress requirements) and that the mechanism is located at adult height and operable without tools. Standard bar guards are compliant under §131.15 even without a quick-release, as long as they don't block emergency exits (e.g., windows serving as required fire escapes).

Q5: What should I do if HPD issues a violation for a window guard that was already in place?

A: Request an inspection record or violation photo from HPD to understand the specific finding (e.g., "Bar spacing exceeds 4 inches" or "Guard is corroded and non-functional"). If the guard was compliant when installed but degraded over time, you may need to replace it. File a hearing request with OATH, bring proof of prior installation and your compliance history, and explain any maintenance issues. If the guard met standards when installed and was damaged by tenant use or weather, you may successfully contest the violation or pursue the tenant for damage.

Key Takeaways for Your Compliance Calendar

Action	Timeline	Consequence for Non-Compliance
Identify units with children under 11	Before move-in and during tenancy	HPD complaint, violation, rent abatement claim
Install compliant window guards	30 days after identifying a child under 11	$500–$1,000 per window (Class C violation)
Respond to tenant written request	14 calendar days	$250–$500 violation for failure to respond
Repair damaged or non-functional guards	14 calendar days of notice	$500–$1,000 violation for non-functional guard
Conduct maintenance inspection	Twice yearly (spring and fall)	Early detection of damage; avoidance of HPD violations
Respond to HPD violation notice	30 days (file hearing request or pay fine)	Default judgment, lien on property, wage garnishment

Conclusion

Window guards are not optional in NYC. Health Code §131.15 is a strict liability statute: if a child under 11 lives in your unit, you must install, maintain, and repair compliant window guards at your expense. Violations carry $500–$1,000 per window penalties, expose you to rent abatement claims, and damage your property's compliance record.

The easiest compliance path is to:

1. Know your tenants: identify children under 11 at move-in and remain alert during tenancy
2. Act fast: install compliant guards within 30 days of learning a child is in the unit
3. Maintain consistently: inspect guards twice yearly and respond to repair requests within 7 days
4. Document everything: keep records of installation, maintenance, tenant requests, and responses
5. Respond professionally: if a tenant requests guards, confirm receipt in writing and provide a completion date

For self-managing landlords juggling multiple units, integrating window guard requirements into your lease process and lease operations workflow