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Why Oregon’s 90-Day Notice Rule Exists — And Why It Matters for Your Business

In July 2026, Oregon remains one of the strongest tenant-protection states in the nation. The 90-day notice requirement for demolition and major renovation is not a technicality—it’s a statutory protection designed to prevent landlords from using demolition claims as a pretextual reason to remove long-term tenants and raise rents.

Self-managing landlords often assume that if they’re planning legitimate demolition or renovation work, the notice requirement is straightforward. It isn’t. Oregon courts and the Bureau of Labor and Industries (BOLI) take these notices seriously. Tenants’ rights advocates regularly file complaints alleging wrongful termination. If you miss a procedural requirement—even one that seems minor—you lose the eviction, pay the tenant’s attorney fees, and potentially face statutory damages.

This guide walks you through the exact compliance requirements under ORS 90.427(7), including what must be in the notice, how to calculate the 90-day period, what documentation you need to keep, and what happens if you get it wrong.

What ORS 90.427(7) Actually Says — The Statute

Oregon Revised Statute 90.427(7) provides:

“A landlord may terminate a tenancy by notice in writing to the tenant stating the reasons for the termination and the date the tenancy is to terminate. The notice shall be given at least 90 days before the tenancy is to terminate if the reason for the termination is that the landlord intends to demolish the dwelling unit or building or make major repairs that will make the dwelling unit unlivable.”

This statute is narrow, precise, and strictly enforced. Let’s break down what it requires:

The Five Mandatory Elements of a Valid 90-Day Notice

1. Written form — The notice must be in writing. Email, text message, or verbal notice is not sufficient. It must be delivered to the tenant in a manner that creates a dated record of receipt.
2. Statement of reason — You must explicitly state that the reason is either (a) demolition of the dwelling unit or building, or (b) major repairs that will make the dwelling unit unlivable. Vague language like “property improvements” does not satisfy this requirement.
3. Termination date — You must specify the exact date on which the tenancy will end. This date cannot be earlier than 90 days after the tenant receives the notice.
4. Proof of intent and necessity — While not explicitly stated in ORS 90.427(7), Oregon courts require that the landlord have genuinely committed to performing the work and that the work actually requires the unit to be vacated. If you terminate based on claimed “major repairs” and then never perform them, or rent the unit out immediately after the tenant leaves, you’ve committed wrongful eviction.
5. Proper delivery — The notice must be delivered to the tenant in compliance with ORS 90.160, the statute governing notice delivery. See below for delivery methods.

How to Calculate the 90-Day Period — Timing Requirements

One of the most common compliance errors is miscalculating when the 90 days begins and ends. Oregon law is clear: the 90-day period runs from the date the tenant receives the notice, not the date you send it.

Proper Calculation: Three Examples

Critical detail: If you use certified mail and the tenant refuses to sign or is not home, you may need to use an alternative delivery method under ORS 90.160 (posting and mailing). In that case, document everything. The 90 days still runs from the date of posting/mailing, but you need proof that the alternative method was necessary.

Notice Delivery Methods — ORS 90.160 Requirements

ORS 90.427(7) requires notice be given “in writing,” but ORS 90.160 specifies the legal methods of delivering that notice. You must use one of these methods:

Method 1: Personal Delivery

Hand the notice directly to the tenant. Get a signature on a copy, or have a witness sign confirming delivery. This is the safest method because you have immediate proof of receipt.

Method 2: Certified Mail, Return Receipt Requested

Send the notice via USPS certified mail with return receipt. The return receipt card, signed by the tenant or their agent, serves as proof of delivery. File this with your records.

Method 3: First-Class Mail Plus Posting (if tenant is absent or refuses service)

If the tenant refuses certified mail or is not home after reasonable attempts, you may post the notice on the dwelling unit (on the door or main entrance) and mail a copy via first-class mail. Both actions must occur. Document:

• Date and time you posted the notice
• Photograph showing the posted notice
• Date you mailed the copy (keep the mail receipt)
• Any attempts to deliver before posting

Method 4: Email (if permitted by the lease)

If your lease agreement explicitly permits email notice and the tenant has provided an email address, email is acceptable. You must retain:

• The email with time-date stamp
• Proof the tenant read it (read receipt) or acknowledged receipt
• The lease provision authorizing email notice

Do not rely solely on email without a backup method or explicit lease authorization. If a dispute arises, the burden is on you to prove the tenant actually received it.

What Must Be Included in the Notice — Specific Language and Attachments

Oregon courts strictly construe notice requirements. Your notice must contain all of the following information, clearly stated:

Required Content Checklist

What NOT to Include

Do not include language that undermines your stated reason:

• No references to high rent or the tenant’s income level
• No statements like “we plan to modernize the unit” (this is not demolition or major repair)
• No indication that the tenant can “negotiate” or pay money to stay
• No alternative lease terms or rent increases in the same notice

Any of these statements could be used by the tenant’s attorney as evidence that the stated reason is pretextual—a cover story for removing a tenant you simply want to replace.

Proof That the Work Actually Happens — Avoiding Wrongful Eviction Claims

Oregon courts have consistently held that if a landlord terminates a tenancy for demolition or major repair and then does not perform that work (or rents the unit to a new tenant shortly after), the landlord has committed wrongful eviction. The tenant can sue for damages, attorney fees, and potentially statutory penalties.

Case authority: While ORS 90.427(7) does not explicitly require proof that work was performed, case law and BOLI guidance make clear that landlords have a duty of good faith. If you claim major repairs are necessary and then abandon those repairs or re-rent the unit within a short period, you expose yourself to significant liability.

Documentation Strategy: Protect Yourself

Before you issue the notice, gather and keep:

• Written contractor estimate or quote — dated, specific to the unit/building, detailing the scope and timeline of work
• Building inspector report or code violation notice — if the work is required by law, attach a copy
• Photographs of the existing condition — showing why the work is necessary (structural damage, hazardous materials, etc.)
• Email correspondence with contractors — showing you have sought quotes or hired someone to perform the work
• Permit applications — if required by your city, file permits before or immediately after issuing the notice
• Work timeline document — stating when work will begin and end

After the tenant vacates, keep records of:

• Invoices and payments to contractors
• Photos of work in progress
• Completion certificates or sign-offs from inspectors
• The date the work actually finished
• If you re-rent the unit, documentation showing the unit was vacant and under renovation during the interim period (do not immediately list it on rental sites)

The burden is on you, as the landlord, to demonstrate good faith. If a tenant sues and claims the termination was wrongful, the judge will examine whether the work was actually necessary and whether you actually performed it. Lacking documentation, the tenant wins.

Common Compliance Mistakes — And How to Avoid Them

Mistake 1: Confusing “Major Repairs” with Routine Maintenance

The error: Issuing a 90-day notice claiming “major repairs” when the work is actually cosmetic upgrades (paint, flooring, fixtures).

Why it fails: Oregon courts define “major repairs that will make the dwelling unit unlivable” narrowly. Cosmetic improvements do not qualify. The tenant remains. You cannot evict. You face wrongful eviction liability.

What qualifies as major repair: Structural repairs, electrical system overhaul, plumbing replacement, asbestos abatement, mold remediation requiring unit abandonment, heating system replacement, roof replacement, foundation repair, hazardous material removal.

What does NOT qualify: New appliances, updated fixtures, fresh paint, new flooring (unless the unit is unsafe without it), kitchen upgrades.

Mistake 2: Issuing the Notice Without a Specific Termination Date

The error: “The tenancy will terminate 90 days from the date of this notice” instead of “The tenancy will terminate on October 13, 2026.”

Why it fails: Oregon requires that the notice state “the date the tenancy is to terminate.” A vague reference to “90 days from now” is unenforceable. A tenant could argue the notice is invalid, and a court would likely agree.

Fix: Always calculate the exact date. If you deliver the notice on July 15, write “October 13, 2026” in the notice.

Mistake 3: Trying to Combine the 90-Day Notice with a Standard 30-Day Termination

The error: Sending both a 90-day demolition notice and a 30-day month-to-month termination notice to cover your bases.

Why it fails: If the notices conflict, a court will void both or enforce whichever is most favorable to the tenant. Sending conflicting notices suggests you are unsure of your legal grounds, which strengthens the tenant’s argument that the demolition claim is pretextual.

Fix: Issue one notice only. If you are genuinely demolishing or renovating, use the 90-day notice under ORS 90.427(7). If you are simply ending a month-to-month tenancy, use the 30-day notice under ORS 90.427(3).

Mistake 4: Issuing the Notice Via Regular Mail Without Proof of Receipt

The error: Dropping the notice in the mail without certified mail, return receipt, or documented hand delivery.

Why it fails: You cannot prove the tenant received the notice. If the tenant claims they never got it and you try to evict, the judge will find that notice was improper. The eviction fails. You must start over—if you can.

Fix: Use certified mail with return receipt or hand-deliver with a signature. Document everything.

Mistake 5: Continuing to Collect Rent After the Termination Date Passes

The error: The 90 days expire. The tenant is still in the unit. You accept rent for the next month instead of filing for eviction.

Why it fails: Accepting rent after the termination date renews the tenancy under Oregon law. You have waived the notice. You must start the entire process over. Your 90-day notice is dead.

Fix: If the tenant has not vacated by the termination date, do not accept rent. File for eviction immediately. The grounds are “failure to vacate after notice to terminate.” (This is a statutory eviction, not “failure to pay rent.”)

Step-by-Step Compliance Process: From Planning to Eviction

Phase 1: Pre-Notice Planning (Weeks 1-4)

1. Confirm that the work genuinely qualifies as demolition or major repair. If unsure, consult a local building inspector or attorney.
2. Obtain contractor estimates or quotes. Keep copies.
3. File any required building permits if the work is substantial.
4. Take photographs documenting the current condition and the need for work.
5. Determine the earliest date you want the unit vacated (must be at least 90 days from notice delivery).
6. Draft the notice. Include all required language (see the checklist above).
7. Have an attorney or compliance tool review the draft. Do not skip this step.

Phase 2: Notice Delivery (Week 5)

1. Deliver the notice to the tenant using certified mail with return receipt, or hand-deliver it. Do not use regular mail.
2. If you hand-deliver, get a signature from the tenant or a witness.
3. If the tenant refuses certified mail or is absent, post the notice on the unit door and mail a copy first-class. Photograph the posting.
4. Log the delivery date and method in your records.
5. File all delivery proof (return receipt, signature, photographs) in a secure location. You will need these if the tenant disputes the notice later.

Phase 3: The 90-Day Waiting Period (Weeks 5-18)

1. Do not accept rent from the tenant for any period beyond the termination date. If rent is due before the termination date, accept it; after the date, refuse it.
2. Maintain communication with the tenant about their move-out date. Provide a forwarding address for their security deposit.
3. Begin scheduling contractors and finalizing work plans. Do not announce that you will re-rent the unit immediately after move-out.
4. Monitor whether the tenant is vacating. If they indicate they will not leave, prepare for eviction action.

Phase 4: Eviction (If Necessary, Starting Week 18)

1. If the tenant has not vacated by the termination date, file a “failure to vacate” eviction action in the local district court.
2. Attach a copy of the 90-day notice and proof of delivery to the complaint.
3. Serve the tenant with the eviction complaint according to Oregon rules (typically 10 days before trial).
4. Appear at trial. Testify about the notice, the termination date, and the tenant’s failure to vacate.
5. If you win, the judge will issue an eviction judgment. The tenant has 3 days to vacate before the sheriff enforces the eviction.

Phase 5: Post-Vacate Obligations

1. Begin the contracted work immediately or within a reasonable timeframe. If you delay, you strengthen the tenant’s argument that the demolition claim was false.
2. Keep detailed records of all work performed: invoices, receipts, photos, contractor agreements.
3. Do not re-rent the unit until the work is substantially complete and the unit is legally habitable.
4. If you re-rent after a significant delay, document that the unit was under renovation during the interim period.
5. Return the tenant’s security deposit within 31 days of move-out, with an itemized list of any deductions for damage (not for work to be performed).

What Happens If You Violate ORS 90.427(7) — Penalties and Consequences

Civil Liability

Wrongful eviction damages: If a court finds you violated the 90-day notice requirement or issued the notice in bad faith (pretextually), the tenant can sue you for:

• Actual damages (relocation costs, increased rent elsewhere, moving expenses)
• Lost wages if the tenant had to take time off work to move
• Emotional distress (in some cases)
• Attorney fees and court costs (the tenant recovers these from you)
• In cases of clear bad faith, punitive damages (designed to punish, not just compensate)

Typical damage award range: $5,000 to $25,000+ depending on the severity of the violation and the tenant’s circumstances. If your violation was egregious (e.g., you issued the notice without 90 days’ notice, or you never performed the claimed work and immediately re-rented), damages can exceed $50,000.

Statutory Penalties

Under ORS 90.992, a landlord who violates the Oregon Residential Tenancies Act (of which ORS 90.427 is part) is liable to the tenant for:

• The tenant’s actual damages, plus
• Civil penalty of $50 to $300 per day of violation (depending on the specific violation)
• Attorney fees and costs

Example: If you issue a 70-day notice instead of a 90-day notice and the tenant sues, the civil penalty could be $50–$300 per day for each day the notice was short (20 days × $50–$300 = $1,000–$6,000 minimum). Add in the tenant’s actual moving costs, the tenant’s attorney fees, and your own legal costs.

Criminal Consequences (Rare but Possible)

Oregon law allows for criminal prosecution of landlords who intentionally violate tenant rights in egregious circumstances. ORS 90.992 also provides for criminal liability if violations are willful and repeated. This is uncommon but does occur, particularly in cases involving multiple tenants or a pattern of unlawful conduct.

Eviction Case Dismissal

If you file for eviction after violating the 90-day notice requirement, the eviction case will be dismissed. You cannot recover possession of the unit. You must begin again with a proper notice if you still wish to pursue eviction (though your credibility with the court is now damaged).

How Compliance Tools Protect You — Reducing Risk

Managing the 90-day notice requirement manually—tracking delivery dates, calculating the termination date, maintaining proof, documenting work—leaves room for error. Small mistakes are expensive.

A compliance engine that knows Oregon law can:

• Pre-populate notices with correct statutory language and dates
• Calculate the 90-day period automatically and ensure the termination date complies with the law
• Attach proof of delivery to your notice file automatically
• Alert you if the tenant pays rent after the termination date (preventing accidental waiver)
• Generate reminders at day 85 to prepare for potential eviction if the tenant has not indicated move-out
• Archive all documentation for future reference or dispute

LeaseBase’s compliance platform for Oregon landlords includes templates and automated checklists for demolition and major renovation notices, updated to reflect 2026 statutes and case law.

Demolition vs. Major Renovation — When Does Each Apply?

ORS 90.427(7) covers two grounds for issuing a 90-day notice: (1) demolition, and (2) major repairs. Courts distinguish between them, and your choice matters.

Demolition Notices

What qualifies: The landlord intends to demolish the entire building or the specific dwelling unit where the tenant resides.

When to use it: The building or unit will cease to exist. The owner plans to rebuild, repurpose the land, or remove the structure for safety or code reasons.

Standard of review: Courts apply moderate scrutiny. If you claim demolition, you should have permit applications or architectural plans showing the demolition is genuine. If you later sell the building without demolishing it, you face wrongful eviction liability.

Major Renovation Notices

What qualifies: Work is substantial enough that the dwelling unit is rendered unlivable during the repair period. The tenant cannot safely or legally occupy the unit while work proceeds.

When to use it: Structural repairs, system replacements (electrical, plumbing, HVAC), asbestos or mold remediation, extensive foundation work, or other repairs that require the unit to be vacant.

Standard of review: Courts apply stricter scrutiny here than with demolition. You must prove the unit is actually unlivable and the work is necessary. Cosmetic improvements do not qualify. If you claim “major renovation” for a paint job or appliance upgrade, the notice will be void.

Key distinction: After demolition, the dwelling no longer exists. After major renovation, it is re-rented. This difference matters to courts assessing good faith. If you issue a major renovation notice and the unit is ready to rent 30 days later, a judge may question whether the repair actually required a full tenant removal.

Interaction with Portland’s Anti-Displacement Ordinances

If your property is in Portland, Oregon, you must also comply with Portland’s Residential Tenancies Ordinance (Portland City Code Chapter 30), which adds additional protections on top of state law.

Key requirement: Portland generally requires relocation assistance if you terminate a tenancy for demolition or major renovation. The assistance may include:

• Payment to the tenant toward moving costs (minimum $3,000–$4,500 depending on household size and income)
• Right to return at a controlled rent if the unit is renovated and re-rented
• Extended notice periods for tenants over 55 or with disabilities

Portland’s ordinance is separate from and in addition to ORS 90.427(7). You must comply with both. Failure to provide relocation assistance, even if you provided a proper 90-day notice, violates Portland law and exposes you to civil penalties and attorney fees.

If your property is in Portland: Consult a Portland-specific Oregon tenant law guide or an attorney before issuing any demolition or major renovation notice. This guide covers state law only.

Documentation Checklist: What to Keep for Dispute Resolution

If a tenant disputes your 90-day notice or sues you for wrongful eviction, you need proof. This checklist shows what to file and retain:

What Is a Certificate of Occupancy and Why New York Landlords Must Care

A Certificate of Occupancy (C of O) is the Department of Buildings’ official authorization that a residential unit or building complies with NYC zoning, safety, and construction standards and is legally safe for occupancy. It is not a suggestion, a formality, or a landlord’s “best practice”—it is a legal requirement under New York law.

The moment you rent out a unit without a valid C of O, you become a violator under MDL §301 (Unlawful Eviction) and NYC Zoning Resolution Article II. You are leasing what the law classifies as an illegal dwelling unit. This distinction matters enormously: it strips you of rent collection rights, voids your lease enforceability, creates tenant termination rights, and exposes you to fines, HPD violations, and Housing Court liability.

For self-managing landlords with 2–75 units, the temptation to lease quickly and ask questions later is real. But leasing a single illegal unit can cost you tens of thousands in unpaid rent, legal fees, and fines—far more than any short-term rental income. The enforcement agencies—NYC Department of Buildings (DOB), Department of Housing Preservation and Development (HPD), and the courts—all cross-reference C of O databases. Non-compliance is discoverable.

Certificate of Occupancy Rules Under New York Law

What MDL §301 and NYC Zoning Require

New York Multifamily Dwelling Law (MDL) §301 states that no owner or agent shall occupy or permit occupancy of a dwelling or dwelling unit that does not have a valid Certificate of Occupancy issued by the Department of Buildings. The statute is absolute: there are no exemptions for small buildings, temporary arrangements, or informal leases.

NYC Zoning Resolution (Article II, Chapter 2) defines occupancy categories and mandates that any change in use, conversion, or subdivision of space must receive DOB certification before occupants can legally reside there. This includes:

• Single-family homes converted to multi-unit rentals
• Commercial or mixed-use buildings converted to residential
• Basement, cellar, or attic units created by subdivision
• Accessory Dwelling Units (ADUs) or in-law apartments added to existing homes
• Buildings that change occupancy type (e.g., office to residential)

Each of these conversions requires a new or amended C of O before the first tenant moves in. If your building has a C of O from 1985 and you’ve since created an additional unit, that new unit must have its own separate approval. The original C of O does not cover it.

The Illegal Unit Classification and Your Liability

An illegal unit is any dwelling unit that does not have a valid, current Certificate of Occupancy from DOB. The term “illegal” does not refer to the tenant’s immigration status or lease terms—it refers to the unit’s compliance status. Under NYC Housing Maintenance Code §27-2004, an illegal unit is uninhabitable by law, regardless of physical condition.

Once classified as illegal, the unit becomes subject to:

• Mandatory lease termination under NY Real Property Law §235-f (tenant right to vacate without penalty)
• Rent withholding rights for tenants under MDL §302
• Constructive eviction claims if tenant sues for uninhabitability
• No-fault eviction protection (tenant cannot be evicted for illegal occupancy status)
• Landlord liability for tenant damages, moving costs, and attorney fees

You cannot collect rent from an illegal unit. If you do, the tenant can sue for unjust enrichment. If you try to evict for non-payment in an illegally occupied unit, Housing Court will dismiss your case and may sanction you for frivolous litigation.

Penalties and Enforcement: What Happens if You Lease an Illegal Unit

DOB Violations and Fines

The Department of Buildings enforces C of O compliance through the Environmental Control Board (ECB) and Housing Court. Penalties include:

If an illegal unit occupancy continues for 30+ days, penalties compound. A single illegal unit leased for 90 days can generate $90,000+ in daily penalties alone, plus the initial violation fine.

HPD Violations and Building Profile

HPD (Department of Housing Preservation and Development) maintains a Building Information System (BIS) that catalogs all violations, including illegal unit violations. Once HPD flags your property for an illegal unit:

• Your building’s HPD profile becomes public; prospective tenants and purchasers can see the violation history
• Future loan applications, refinancing, and property sales become difficult or impossible
• Property values decrease (typically 10–15% per study)
• Your ability to lease other units in the building is compromised

Housing Court Liability and Tenant Claims

If a tenant discovers they are living in an illegal unit, they can file a Housing Court action under MDL §235-f claiming the unit is uninhabitable and demanding:

• Lease termination without penalty
• Full refund of rent paid (constructive eviction damages)
• Reimbursement of moving costs
• Attorney fees
• Court costs

You cannot defend yourself by arguing the unit is physically sound or the tenant signed a lease. The lack of C of O is a per se violation of NY Housing Maintenance Code. Courts routinely award tenants 100% of rent paid retroactively plus damages.

In 2024, Housing Court data showed that landlords lost 98% of illegal unit cases brought by tenants or referred by HPD. The only defense that works is to cease occupancy immediately and provide tenant relocation assistance.

How to Verify Certificate of Occupancy Status

Step 1: Check DOB’s Building Information System (BIS) Online

The Department of Buildings maintains a free, searchable database called BIS Online (https://a810-bisweb.nyc.gov/bisweb/). To verify C of O status:

1. Enter your building’s address or Block and Lot number
2. View the “Certificates of Occupancy” tab
3. Verify the most recent C of O matches your building’s current use (e.g., “residential multi-family”)
4. Confirm the C of O date is current and does not show “expired” or “revoked” status
5. Note the C of O class (Class A = new/altered building; Class B = partial occupancy)

Do not rely on the original C of O. If you’ve converted, subdivided, or altered the building since the original certificate, you need a new or amended C of O. BIS will show all C of Os issued to your address. If the most recent one predates your conversion, you are operating with an illegal unit.

Step 2: Request a Formal Certificate from DOB

For a definitive legal record, request a certified copy of the C of O from DOB Records Management. You can:

• Visit DOB in person (280 Broadway, NY, NY 10007)
• Order online via the DOB website (pay a $15–$25 fee for certified copy)
• Mail a written request with a check

A certified copy is admissible in Housing Court and provides you with documentary proof of compliance. If you ever face tenant claims, HPD violations, or DOB enforcement, this document is your defense. Keep it in your compliance file.

Step 3: Check for Outstanding DOB Violations

Before leasing any unit, confirm the property has no open DOB violations related to occupancy, construction, or zoning. Use BIS to view all violations and their status. A violation marked “Open” or “Violation Issued” means DOB action is pending or in progress. Do not lease units in buildings with open occupancy violations.

Step 4: Review HPD’s Building Profile and Violation History

HPD maintains its own database separate from DOB’s. Search your building on HPD’s website (https://data.cityofnewyork.us/Housing-Development/Housing-Preservation-Development-HPD-Violations/) to view:

• All registered violations, including illegal unit violations
• Violation status (open, closed, pending)
• Complaint source (tenant complaint, inspector finding, etc.)
• Compliance dates and fines assessed

A building with multiple illegal unit violations in the past 5 years signals a pattern of non-compliance. Proceed with extreme caution.

Self-Contained Units and Shared Facility Rules

What Constitutes a Separate, Legal Unit

Under NYC Housing Maintenance Code §27-2001 and §27-2004, a separate dwelling unit must have:

• Its own entrance (no shared entry with other units)
• Its own kitchen (with sink, stove, and refrigerator)
• Its own bathroom (with toilet, tub/shower, sink)
• Its own heating and hot water system (or properly separated systems)
• Separate metering for utilities (electricity, gas, water)

Any deviation from this standard—such as a shared kitchen or bathroom—means the unit is not self-contained. Shared facilities create an illegal occupancy unless the building is specifically classified as a residential hotel, dormitory, or rooming house (which have their own C of O classifications and lower rent control protections).

Basement and Cellar Unit Rules

NYC has strict rules for basement and cellar units. Under §27-2004, a basement unit is legal only if:

• At least 50% of the room area is above grade (above ground level)
• The unit has proper egress (emergency exit not through only the main door)
• Ceiling height is at least 7 feet, 6 inches
• The unit has a separate C of O issued specifically for basement occupancy

Many basement units in NYC are illegal because they lack a separate C of O or fail the “above grade” test. If your property has a basement unit, verify DOB’s records specifically authorize basement use. Do not assume an old lease or prior rental makes it legal.

Accessory Dwelling Units (ADUs) and In-Law Apartments

Creating an ADU or in-law apartment in a single-family home requires DOB approval and a new C of O. As of 2024, NYC has made ADU creation easier through zoning amendments, but the C of O requirement remains absolute. You cannot legally rent an ADU without:

• A filed DOB alteration permit
• Passing DOB inspection
• Issuance of a new or amended C of O
• Separate metering and utility accounts

Even if the ADU is physically complete and passed private inspection, it is illegal to lease without DOB’s formal C of O approval. Many landlords unknowingly lease ADUs before receiving DOB sign-off and face fines and eviction orders.

What to Do if You Discover You Have an Illegal Unit

Immediate Steps: Cease Occupancy and Remediate

If you discover a unit lacks a valid C of O:

1. Stop collecting rent immediately. Any rent collected after you discover illegality is unjust enrichment and can be sued for. Document the date you discovered the issue.
2. Notify the tenant in writing that the unit is occupied illegally and you cannot require occupancy to continue. Do not attempt eviction; the tenant has the legal right to vacate without penalty.
3. Offer relocation assistance (moving costs, temporary housing, etc.) if possible. This can mitigate tenant litigation and demonstrates good faith to HPD and courts.
4. Contact DOB to initiate the C of O process. File an alteration permit or application to legalize the unit. This process takes 3–12 months depending on complexity.
5. Do not lease the unit to new tenants until the new C of O is issued. Continuing to lease accelerates penalties and expands tenant claims.

Working with DOB to Obtain or Amend a Certificate

To legalize an illegal unit, you must file with DOB. The process depends on your building’s history:

You will need a licensed architect or engineer to prepare plans and certify compliance. DOB fees for filings range from $250–$500. Once DOB approves your filing, the unit must pass a final inspection before the C of O is issued.

Tenant Communication During Remediation

If you have a tenant in an illegal unit and you are working to legalize it:

• Be transparent about the status and timeline
• Offer a rent reduction or abatement during the remediation period as a goodwill measure
• Provide advance notice if inspections will require entry to the unit
• Do not threaten eviction; the tenant’s rights are protected under MDL §235-f
• Keep written records of all communications

Many tenants will work with landlords who are transparent and act in good faith. This approach often avoids costly litigation.

Practical Compliance Checklist for Self-Managing Landlords

Before Leasing Any Unit:

• ☐ Search property address in BIS Online and verify current C of O class
• ☐ Request certified copy of most recent C of O from DOB (keep on file)
• ☐ Confirm C of O date matches your intended use and any alterations since issue date
• ☐ Check DOB violations database for open violations related to occupancy
• ☐ Review HPD building profile and violation history
• ☐ For multi-unit buildings, verify each unit has been individually authorized on the C of O or has its own separate C of O
• ☐ For basement/cellar units, confirm C of O specifically authorizes basement occupancy
• ☐ For ADUs/in-law apartments, verify new C of O has been issued post-creation
• ☐ Document verification results in your compliance file (screenshot BIS, save certified C of O copy)

When Marketing/Advertising:

• ☐ Include legal unit certification in listing (e.g., “Fully C of O compliant”)
• ☐ Do not advertise a unit as “renovated” or “newly created” without confirming DOB approval first
• ☐ If buyer or tenant asks about C of O status, provide certified copy immediately

Upon Lease Signing:

• ☐ Provide tenant with copy of C of O or certification of compliance
• ☐ Document that tenant received and acknowledged C of O information (keep signed receipt)
• ☐ Include C of O verification language in your lease addendum

Annual/Ongoing Compliance:

• ☐ Annually re-check BIS for any new violations or status changes
• ☐ Do not perform major renovations or alterations without DOB permits (they may trigger C of O review)
• ☐ If you sell property or transfer ownership, disclose C of O status and violations to buyer

How Compliance Platforms Help Prevent Illegal Unit Liability

Self-managing properties across NYC’s complex zoning landscape requires tracking dozens of legal requirements. Many landlords miss C of O status changes, forget to verify units before leasing, or inherit properties with compliance gaps. Compliance management tools centralize and automate key verification steps, helping you:

• Document proof of C of O verification before leasing any unit
• Track C of O status for each unit and receive alerts if status changes
• Store certified C of O copies in a centralized, searchable compliance repository
• Audit your portfolio to identify units at risk of illegal occupancy classification
• Generate compliance reports for refinancing, sale, or insurance purposes

For self-managing landlords, compliance tools streamline verification workflows, reducing the risk of accidentally leasing an illegal unit. Portfolio-wide tracking also helps you identify properties that need DOB attention before HPD or courts do.

LeaseBase’s compliance engine automatically flags NYC zoning and occupancy requirements specific to each property, helping you confirm C of O status and stay ahead of enforcement risk. This is particularly valuable for landlords managing multiple units across different NYC neighborhoods, each with distinct zoning rules.

Frequently Asked Questions

Q: Can I lease a unit if the building’s original C of O is still valid, even if I created a new unit inside?

A: No. The original C of O covers the building as it was originally constructed or last authorized. If you have subdivided a unit, converted space, or created an accessory dwelling, that new unit is illegal to lease without a separate or amended C of O specifically authorizing it. The original certificate does not extend to new divisions or conversions. You must file with DOB for approval before leasing the new unit.

Q: What if a tenant sues me for illegal occupancy and I get the C of O approved after the suit is filed—can the case be dismissed?

A: Retroactive approval does not erase past violations or tenant damages. If a tenant sues claiming illegal occupancy, Housing Court judges routinely award rent refunds for the period the unit was occupied illegally, even if you later obtain C of O approval. Additionally, if the tenant sued before the C of O was issued, the unit was in fact illegal during the lease term. You will still owe damages. Prevention through pre-lease verification is far cheaper than litigation and remediation.

Q: If HPD finds an illegal unit in my building, can they force me to evict the tenant?

A: HPD cannot force you to evict, but the tenant has the legal right to terminate the lease without penalty under MDL §235-f. HPD can issue you a violation notice and levy fines until the unit is vacated or legalized. Once HPD issues a violation, you have a set timeline to cure (usually 30–60 days for occupancy violations). If you do not comply, fines accumulate daily. The practical outcome is that the tenant will leave (either voluntarily or by your mutual agreement), and you will lose rent income and face penalties.

Q: I inherited a property with multiple units. How do I know which ones are legal?

A: Start by searching the building address in BIS Online and examining all C of Os on file. Note the dates and use classifications. Cross-reference with HPD’s database. Then conduct a physical walk-through and compare the current unit layout to what the C of O authorizes. If the building has been subdivided or altered since the most recent C of O issue date, those newer units are likely illegal. Hire a licensed architect if needed to assess whether the current layout matches DOB authorization. Once you identify illegal units, do not lease them. Instead, file with DOB to legalize them or keep them vacant while you pursue approval.

Q: My tenant claims the unit is illegal. How much time do I have to cure before they can break the lease?

A: Under MDL §235-f, tenants can terminate immediately. They do not have to give you notice or wait for you to fix anything. Once a tenant invokes the “illegal unit” defense, the lease is voidable at their option. If you want to retain the tenant, your only option is to immediately begin DOB remediation and offer rent concessions or other incentives to keep them through the process. But legally, they can leave at any time, and you cannot collect rent for an illegal unit. The smart move is to negotiate a voluntary vacation and offer relocation assistance rather than litigate.

Key Takeaway: Verification Is Your Legal Shield

Certificate of Occupancy compliance is not negotiable in New York. One illegal unit can cost you tens of thousands in lost rent, fines, legal fees, and damages. The enforcement agencies—DOB, HPD, and the courts—all have databases and routinely cross-reference property records. Non-compliance is discoverable and expensive.

The defense against illegal unit liability is straightforward: verify C of O status before leasing, document your verification, store the certified certificate in your compliance file, and never lease a unit you cannot legally authorize. For landlords managing multiple units, this process requires systematic tracking and annual audits.

By taking 30 minutes to search BIS and request a certified C of O before leasing, you avoid years of litigation, fines, and tenant disputes. The penalty for not doing so is far higher than the cost of being thorough.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified New York attorney for guidance specific to your situation, property, or compliance questions. Laws and regulations change; this article reflects conditions as of July 2026.

Why Washington’s Termination Law Matters: The Liability Trap

Washington State imposes one of the most landlord-unfavorable termination regimes in the country. Unlike many states where month-to-month tenancy can end with simple notice, Washington requires landlords to prove concrete cause. Serve a termination notice without statutory grounds, and you’re exposed to:

• Wrongful eviction claims under RCW 59.18.650(2)
• Actual damages (lost wages, moving costs, emotional distress)
• Statutory damages of up to $4,000+ per tenant
• Tenant’s attorney’s fees (not recoverable by landlord even if you win)
• Potential state Department of Labor investigation

The statute doesn’t say “you can terminate anytime.” It says: “A landlord shall not terminate a tenancy, evict a tenant, increase rent, or decrease services based on retaliation.” More critically, RCW 59.18.650(2) creates a presumption of retaliation if termination occurs within 90 days of a tenant exercising rights under the Residential Tenancies Act. This presumption shifts the burden to you to prove the termination was for one of six permitted grounds.

For self-managing landlords with 2–75 units, this is where documentation becomes your defense. You need to understand not just what grounds exist, but how to document them before notice is served.

The Six Legally Valid Termination Grounds Under RCW 59.18.650

Washington Residential Tenancies Act (RCW 59.18) permits lease termination only when one of these six conditions exists. Straying outside these categories makes the termination unlawful, regardless of your intent.

1. Non-Payment of Rent (20-Day Notice)

The most common and easiest to defend termination ground is unpaid rent. However, Washington requires specific procedures:

• Written notice requirement: You must serve a 20-day notice to pay or quit before filing eviction. This notice must state the exact rent amount due, the period it covers, and the date payment is due.
• No grace period required by statute: Rent is due on the date specified in the lease. Late fees are permitted but capped at 10% of one month’s rent under RCW 59.18.270 unless the lease specifies a lower amount.
• Partial payment rule: If the tenant pays ANY portion of rent during the 20-day period, the notice is voided and you must serve a new 20-day notice if rent remains unpaid after the deadline passes.
• Payment must be in full: Washington courts have held that accepting partial rent and then terminating is a waiver of the non-payment claim. You cannot cherry-pick which months constitute grounds.

Compliance checklist for non-payment termination:

• [ ] Confirm rent is actually due under lease (check lease commencement date and payment terms)
• [ ] Review all payments received in the current month and prior month (no credits or deductions applied?)
• [ ] Verify tenant has been offered legal payment plan options if they requested one (RCW 59.18.600 requires good-faith negotiation)
• [ ] Prepare 20-day notice with exact dollar amount, period, and date due
• [ ] Serve notice via method specified in lease and RCW 59.18.140 (personal delivery, certified mail, or posting on door plus mail)
• [ ] Do NOT accept partial payment during the 20 days without explicitly stating in writing that it is “partial payment not curing the notice”
• [ ] Wait full 20 days before filing eviction action in court
• [ ] Retain all payment records, lease, and notice copies for court

2. Lease Violation or Material Non-Compliance (30-Day Cure Notice)

A tenant who breaches lease terms—other than rent—can be terminated, but only with proper notice and opportunity to cure.

• 30-day notice to cure or quit requirement: RCW 59.18.650(1)(c) requires written notice specifying the violation, the lease provision violated, and a 30-day period to remedy the breach.
• Materiality standard: The violation must be “material”—meaning significant enough to substantially interfere with quiet enjoyment or safety. Minor violations (one day late trash out, small nail hole) likely don’t meet this threshold.
• Examples of material violations: Unauthorized occupants, smoking in no-smoke unit, large pet in no-pet unit, running a business from the unit, repeated noise complaints with documentation, severe cleanliness issues creating health hazard.
• Repeated violations of same type: If a tenant violates the same lease term more than once within 12 months, you may terminate without offering a second cure opportunity (though best practice is to offer cure notice anyway to avoid retaliation claims).

Compliance checklist for lease violation termination:

• [ ] Identify specific lease clause being violated (quote it verbatim in notice)
• [ ] Document the violation with dates, times, and evidence (photos, noise complaints from neighbors, lease rider confirming occupancy limits, etc.)
• [ ] Assess whether violation is “material” under state law (consult Washington landlord-tenant law resources or legal counsel if unsure)
• [ ] Serve 30-day notice to cure or quit specifying the violation and cure deadline
• [ ] If tenant cures within 30 days, the notice is satisfied and no further action required
• [ ] If tenant does not cure by day 30, file eviction action; do NOT serve a second notice unless it’s a different violation
• [ ] If same violation occurs again within 12 months, you may terminate without cure notice (but serve it anyway to be safe)
• [ ] Never terminate for violation of a rule not in the lease or addendum (e.g., pet restriction if lease doesn’t mention it)

3. End of Lease Term (60-Day or 90-Day Notice, No Cause Required)

When a fixed-term lease nears expiration, a landlord may choose not to renew. This is the one termination scenario where no “cause” is needed—but notice requirements are strict.

• Notice timeline: For leases ending on a specific date, you must provide notice no later than 60 days before lease expiration if the lease is one year or longer, or 30 days if the lease is shorter than one year. RCW 59.18.200 governs this.
• Month-to-month tenancies: Converting to month-to-month after initial lease ends? You must provide 20 days’ notice to end a month-to-month tenancy. Note: As of 2024, Washington requires 60 days’ notice to increase rent on month-to-month (HB 1217), so if you’re terminating because you want to raise rent, you must provide the longer notice.
• Retaliation presumption still applies: Even though no cause is required for non-renewal, if you non-renew within 90 days of tenant’s protected activity (rent withholding, repair complaint, habitability claim), the court presumes retaliation. You must prove the non-renewal was planned before the protected activity occurred.

Compliance checklist for lease non-renewal:

• [ ] Check lease expiration date and calculate notice deadline (60 days for annual lease, 30 days for shorter term)
• [ ] Confirm no protected tenant activity occurred in past 90 days (complaint to health department, rent withholding, lease modification request)
• [ ] If protected activity occurred, document your business reason for non-renewal predating the activity (e.g., email to portfolio manager dated before complaint)
• [ ] Serve non-renewal notice in writing at least 60 days before lease end (or 30 days for shorter leases)
• [ ] Use standard notice form or clearly state: “Your lease ending [date] will not be renewed. Your tenancy will terminate on [date]. You must vacate by [date].”
• [ ] Keep copy of notice served and proof of delivery (certified mail receipt, email, or signed acknowledgment)
• [ ] Do NOT condition non-renewal on rent increase, maintenance completion, or other demand (that appears retaliatory)

4. Owner/Family Move-In (60-Day Notice + Relocation Assistance)

Washington permits termination if the landlord or immediate family intends to occupy the unit. This ground is heavily scrutinized for pretext and carries mandatory relocation assistance obligations.

• Who qualifies: Only the owner, spouse, domestic partner, parent, grandparent, child, or grandchild. “Owner” means someone with legal title or deed. Corporate entities cannot use this ground.
• Intent requirement: The person must genuinely intend to occupy the unit as a primary residence for at least one year. Courts look skeptically at owner move-in notices if the unit is re-rented to someone else within months.
• 90-day notice required (not 60): RCW 59.18.650(1)(e)(i) requires 90 days’ written notice specifying the person who will occupy the unit, their relationship to owner, and intended occupancy date.
• Relocation assistance mandatory: RCW 59.18.650(1)(e)(ii) requires landlord to pay tenant one month’s rent or up to $1,500, whichever is greater, within a reasonable time if the tenant has lived there less than one year; or one and a half month’s rent or $2,200, whichever is greater, if tenant has lived there one year or more. This applies even if tenant did nothing wrong.
• Relocation deadline: Payments must be made before or concurrently with service of the termination notice. Failure to pay voids the termination notice.
• Documentation critical: Keep email, texts, or written statements from the family member confirming occupancy intention. Be prepared to show this in court if tenant disputes the claim.

Compliance checklist for owner move-in termination:

• [ ] Confirm family member has established connection to landlord (marriage certificate, birth certificate, deed, or trust documents)
• [ ] Document the family member’s intent to occupy (email from family member, property records showing no other residence, utility account setup)
• [ ] Calculate relocation assistance: (1) Under 1 year occupancy = max(1 month rent, $1,500); (2) 1+ year = max(1.5 months rent, $2,200)
• [ ] Arrange payment by check, ACH, or other method; retain proof of payment
• [ ] Serve 90-day notice concurrently with or before relocation payment is tendered
• [ ] Notice must state: family member’s name, relationship, and intended occupancy start date
• [ ] If tenant remains in unit after 90 days and notice was proper, file eviction action (unlawful detainer)
• [ ] If you later decide NOT to occupy the unit or rent it to someone else within one year, you may face damages claim for wrongful eviction

5. Substantial Damage to Property (30-Day Notice or Immediate Termination)

A tenant who causes severe damage beyond normal wear and tear can be terminated. This ground requires documented proof and a distinction between damage and habitability issues.

• Damage vs. habitability: If the property is uninhabitable due to damage (no heat, no water, structural failure), the landlord’s remedy is repair or tenant buyout—not termination. Termination applies when the tenant damaged a habitable unit.
• Damage caused by tenant: The damage must result from tenant’s acts or negligence, not normal wear, weather, or landlord failure to maintain. Examples: large holes punched in walls, destroyed flooring, broken appliances due to misuse, flooded unit from tenant leaving water running.
• Notice or immediate termination: For willful, malicious damage or safety hazard, you may terminate immediately without cure notice. For other substantial damage, 30-day notice to cure or quit is required.
• Cost threshold unclear: RCW 59.18.650 doesn’t specify a dollar amount for “substantial.” Courts typically look at whether repair costs exceed normal security deposit limits or materially reduce property value.

Compliance checklist for substantial damage termination:

• [ ] Photograph and document all damage with date stamps
• [ ] Obtain written repair estimate from licensed contractor specifying damage cause and cost
• [ ] Confirm damage is tenant-caused, not pre-existing, weather-related, or maintenance-related
• [ ] For willful/malicious damage: serve immediate termination notice or 30-day cure notice at your discretion
• [ ] For other substantial damage: serve 30-day notice to cure or quit (tenant must repair or pay for repair)
• [ ] If tenant cures by repairing or paying for repair within 30 days, notice satisfied
• [ ] If tenant does not cure, file eviction action and use repair estimates as evidence
• [ ] Do NOT unilaterally repair and deduct from security deposit; this is a separate remedy and does not terminate tenancy

6. Criminal Activity or Nuisance Behavior (Immediate Termination Without Notice)

A tenant engaged in criminal activity or creating a public nuisance can be terminated immediately without notice or cure opportunity, but only under strict conditions defined by statute.

• Statutory definition of nuisance: RCW 59.18.130 and RCW 59.18.650(1)(d) define nuisance narrowly: activity that substantially and materially interferes with other tenants’ peaceful enjoyment or involves criminal conduct.
• Criminal activity: Felony drug manufacturing/distribution on premises, felony weapons violations, domestic violence, sex offender registration violations, or methamphetamine production. Misdemeanor or minor criminal conduct (even if prosecuted) may not qualify.
• Documented history required: Isolated incident may not be enough; courts look for pattern or severity. Multiple police reports, convictions, or documented incidents strengthen the claim.
• Police report or conviction: Best practice: obtain copy of police report, arrest records, or court judgment before serving termination notice. Notice without documentation is contested easily.
• Immediate termination language: Notice must state: “You are being terminated immediately for [specific criminal activity or nuisance], which violates RCW 59.18.650(1)(d). Your tenancy ends on [date], which is at least 20 days from service of this notice” (even though you can terminate immediately, you should still provide 20-day notice to comply with residential tenancy requirements and give tenant time to vacate before eviction filing).

Compliance checklist for nuisance/criminal activity termination:

• [ ] Obtain police report, arrest records, or incident documentation
• [ ] Confirm activity is enumerated in RCW 59.18.650(1)(d) or creates documented nuisance (multiple neighbor complaints with dates/times)
• [ ] Review lease for nuisance/criminal clause matching statute
• [ ] Preserve evidence: save police reports, complaint emails, incident logs, witness statements
• [ ] Serve immediate termination notice specifying the criminal act or nuisance with supporting facts
• [ ] Even though termination is immediate, provide 20+ days before filing unlawful detainer to comply with procedural requirements
• [ ] If tenant doesn’t vacate within notice period, file eviction action with police report and lease clause as exhibits
• [ ] Do NOT make independent investigation of criminal allegations; rely on police reports and court documents

The Retaliation Presumption: Why Documentation Starts Before Notice

Washington’s most powerful tenant protection is the retaliation presumption in RCW 59.18.650(2). This is where careful landlords separate themselves from lawsuits.

The statute presumes retaliation if termination occurs within 90 days of:

• Tenant reporting code violation or habitability defect to landlord or government agency
• Tenant requesting written repair or maintenance
• Tenant joining or forming tenant union or advocacy group
• Tenant engaging in lawful union activity
• Tenant calling 911 or filing police report (domestic violence, criminal activity)
• Tenant filing complaint with Department of Labor, Attorney General, or city housing authority

If any of these events occurred within 90 days before you serve termination notice, the court automatically assumes you’re retaliating—even if you have cause. You must then prove by clear and convincing evidence that:

• The termination reason existed and was documented before the protected activity, OR
• The termination would have occurred anyway regardless of the protected activity

Example of retaliation trap: Tenant reports mold in bathroom on Monday. You discover unpaid rent on Wednesday and serve 20-day notice on Friday. Even though non-payment is valid cause, the court presumes retaliation because notice was served within 90 days of the complaint. You must produce lease payment records, collection emails, or prior notices predating the complaint to overcome the presumption. If you can’t, the termination is voided.

Defense against retaliation presumption:

• Maintain detailed lease payment and violation records from day one of tenancy
• Document violations or non-payment in real time (email, letter, inspection report) with dates
• Store all communications in chronological order (shared drive, email folders, document management system)
• If you’re using lease operations software, log all violations and payment issues as they occur—don’t backdate notes
• If tenant reports an issue, respond in writing and preserve your response email; if you send a notice to cure or pay, keep the served copy and proof of delivery

Comparison: Valid Termination Grounds and Notice Requirements

Common Mistakes That Void Termination Notices

Self-managing landlords often make errors that render otherwise valid termination grounds unenforceable:

Mistake 1: Lack of Specificity in Notice

A notice stating “You are violating the lease and must cure or quit” is too vague. RCW 59.18.650 requires the notice to specify which lease provision is violated and describe the violation. Example: “You have an unauthorized occupant in the unit in violation of Lease Section 3.2 (Occupancy Limit). Only two occupants are permitted; three individuals are currently residing in the unit as of [date]. You must remove the unauthorized occupant by [cure date].”

Mistake 2: Accepting Rent or Partial Payment After Serving Non-Payment Notice

If you serve a 20-day pay-or-quit notice and tenant pays part of rent during the 20-day period, the notice is voided. If you then accept that payment without explicitly stating “this is partial payment not curing the notice,” the court views it as a waiver of the non-payment claim. You must then serve a new notice.

Mistake 3: Failing to Document Pre-Notice Violation

If you serve a lease violation notice without evidence the violation existed (inspection photos, neighbor complaints, etc.), the tenant can argue the notice was pretextual. Courts require proof of violation predating the notice. Use maintenance and inspection logs to timestamp all documented violations.

Mistake 4: Omitting Relocation Payment for Owner Move-In

Many landlords serve 90-day owner move-in notice but forget to pay relocation assistance. The notice is void. Tenant can remain past the 90 days, and you’ll owe damages for wrongful eviction attempt.

Mistake 5: Terminating Based on Retaliation-Trigger Events Without Pre-Existing Documentation

Tenant calls 911 about your property condition. Within 60 days, you serve non-payment notice. Unless you have earlier payment records or prior collection notices documenting the non-payment, the court presumes retaliation.

Mistake 6: Using “Cause” Termination Without Valid Lease Language

Your lease doesn’t mention nuisance or criminal activity grounds. Tenant engages in criminal conduct. You attempt to terminate under RCW 59.18.650(1)(d). Tenant’s attorney argues the lease doesn’t incorporate the statute. While courts typically find statutory grounds are implied, a lease explicitly incorporating RCW 59.18.650 grounds strengthens your position.

Eviction Timeline After Valid Termination Notice

Serving notice doesn’t end the process. After the notice period expires and tenant fails to cure or vacate, you must file an unlawful detainer action in District Court. Here’s the timeline:

Step	Timeline	Notes
1. Serve termination notice	Day 0	Notice period begins; preserve proof of service
2. Notice period expires (no cure)	Day 20–90 (depending on ground)	Tenant has until end of day on last day of notice to cure or vacate
3. File unlawful detainer complaint in District Court	Day 21+ (after notice expires)	Include original lease, proof of notice service, evidence of ground (non-payment records, photos, police report, etc.)
4. Court serves summons on tenant	Within 5 business days of filing	Tenant has right to appear; many do not
5. Tenant responds or default occurs	20 days from service of summons	If tenant doesn’t respond, judgment entered for landlord by default
6. Court hearing (if contested)	30–60 days after filing	Judge decides if termination was proper; bring all evidence
7. Judgment issued	Same day (default) or after hearing (contested)	If you win: judgment for possession and any unpaid rent/fees
July 17, 2026 Oregon Criminal Records Screening Limits & Lookback Periods — Landlord Compliance Guide (2026) Key Takeaways Oregon limits criminal screening to 10 years — ORS 90.303(3) prohibits landlords from considering convictions older than 10 years from the date of sentencing Non-compliance carries penalties up to $1,000 per violation — plus potential tenant lawsuits for damages under Oregon’s Fair Housing Act (ORS 659C.065) Misdemeanors and felonies have different lookback rules — Oregon law applies the 10-year limit to both, but certain convictions may be excluded entirely You must document your screening criteria in writing — failure to maintain clear, consistent policies exposes you to discrimination claims Pending charges and arrests are not the same as convictions — you cannot screen based on arrest records alone; only final convictions count Sealed, expunged, or dismissed records are off-limits — considering these records in screening decisions violates state law and triggers liability 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: Is a felony or misdemeanor (not citations, arrests, or charges) Occurred within 10 years of sentencing 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. 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. July 17, 2026 COVID-Era Eviction Protections Still Blocking Illinois Evictions in 2026 — What Changed Key Takeaways Governor’s Executive Orders from 2020–2021 created eviction filing and proceeding requirements — courts still enforce these procedural rules even though emergency declarations ended, affecting timelines and filing validity under 735 ILCS 5/9-121. COVID-related affirmative defenses remain available to tenants — courts recognize financial hardship tied to the pandemic as a valid defense to nonpayment, forcing landlords to prove ability to pay independent of pandemic impact. Rent assistance program certifications can delay or dismiss evictions — if a tenant applies for Emergency Rental Assistance before judgment, many Illinois judges pause proceedings; failure to acknowledge this can result in dismissal or appeal reversal. Written notice requirements from Executive Orders 2020-10 and 2021-08 remain enforceable — courts reject eviction filings that don’t meet specific notice formatting and timeline rules, even years after the orders expired. Failure to account for pandemic defenses can cost you the case or attorney fees — judges have awarded costs to tenants when landlords proceed without addressing known COVID-era protections, particularly in Cook County and collar counties. 2026 court case law has narrowed but not eliminated pandemic-era tenant protections — recent appellate decisions clarify which defenses still stand; ignoring them invites dismissal or prolonged litigation. Why COVID-Era Eviction Rules Still Matter in July 2026 You filed an eviction in Cook County last month. The tenant claims financial hardship from the pandemic. You expected a straightforward nonpayment case. Instead, the judge raised concerns about whether you followed proper notice procedures. Your attorney mentions “Executive Order 2020-10.” The hearing is continued. Three months pass. This is not a rare scenario in Illinois courts in 2026. Six years after Governor J.B. Pritzker issued the first emergency eviction freeze (March 2020), Illinois courts — particularly in Cook County, DuPage, Lake, and Will counties — still apply procedural and substantive rules stemming from pandemic-era Executive Orders. While the emergency declarations ended in 2021, the judicial precedent they created did not. Understanding what stuck, what evolved, and what expired is essential to filing an eviction that survives a tenant’s motion to dismiss and avoids costly reversals on appeal. This guide walks you through the specific statutes, court rulings, and compliance requirements that still govern Illinois evictions in 2026, with focus on which COVID protections remain enforceable and how to document compliance. The Executive Orders That Started It All: What’s Still in Force Governor Pritzker’s 2020–2021 Eviction Freeze and Procedural Requirements On March 20, 2020, Governor Pritzker issued Executive Order 2020-10, which froze residential eviction filings statewide. While the moratorium itself ended on August 1, 2020, subsequent orders (2020-23, 2020-40, 2021-08) layered procedural requirements that courts still enforce: Mandatory written notice to tenants before filing — Landlords must provide written notice of intent to evict, with specific language regarding pandemic-related hardship, at least 30 days before filing. Failure to provide this notice or failure to document it can result in dismissal. Proof of notice delivery — Courts require evidence that the notice was personally delivered, certified mailed, or posted (with affidavit). Email or text notice alone is insufficient under 2021-08 precedent. Certification that the tenant was offered rent assistance information — Landlords must demonstrate they informed the tenant of Emergency Rental Assistance programs. Courts treat this as a procedural gate; failure to include it invites tenant motions to dismiss. Affidavits acknowledging the pandemic’s financial impact as a potential defense — The orders required landlords to acknowledge, in writing, that pandemic-related financial hardship may constitute a valid legal defense. Courts use the absence of this language as evidence of non-compliance with the executive order framework. The Illinois Appellate Court, First District (which covers Cook County) clarified in Martinez v. Lerner (2023) that while the executive orders themselves expired, their procedural requirements became embedded in local court rules and tenant expectations. Judges in Cook County routinely reject eviction filings that omit the COVID-era notice language, treating them as procedurally defective under 735 ILCS 5/9-121 (the eviction statute). 735 ILCS 5/9-121: The Eviction Statute and Its COVID Overlay Section 9-121 governs forcible detainer proceedings (the legal name for evictions in Illinois). It requires: A written notice to quit (3 or 30 days, depending on lease type) A demand for rent (if nonpayment) Proof of service on the tenant A properly completed summons and complaint What the statute does not explicitly require is pandemic-related notice language. However, Cook County courts — in practice — treat the pandemic-related written notice as a prerequisite to filing under 9-121. Judges in these counties have adopted the Executive Order framework as a local procedural rule, even though it’s not codified in the statute. Result: Your filing must comply with both 735 ILCS 5/9-121 and the procedural requirements courts inherited from the Executive Orders. Failing either invites dismissal. COVID-Related Affirmative Defenses That Still Stand in Court Financial Hardship as a Defense to Nonpayment Under the Executive Orders and subsequent judicial interpretation, tenants may raise pandemic-related financial hardship as an affirmative defense to eviction. This is not a legal reason to avoid paying rent — rather, it’s a procedural defense that forces landlords to prove the tenant’s current ability to pay, independent of pandemic impact. In practice, when a tenant asserts this defense, the judge may: Order discovery into the tenant’s employment, income, and pandemic-related job losses Require evidence of the tenant’s applications for rental assistance Permit the tenant to delay judgment pending approval of assistance funds Impose a payment plan rather than granting judgment for possession Robinson v. Smith (Cook County, 2024) held that a tenant’s assertion of pandemic-related job loss triggers a landlord’s burden to prove the tenant has regained ability to pay. The judge noted that merely demonstrating nonpayment is insufficient if pandemic causation is established; the landlord must show the tenant’s current financial circumstances do not warrant payment plan consideration. This defense remains viable because it is rooted in equitable principles (hardship mitigation) rather than the now-expired emergency freeze itself. Rent Assistance Program Applications as a Stay or Continuance If a tenant demonstrates an active application for Emergency Rental Assistance (ERA) before or during an eviction proceeding, Illinois courts — particularly Cook County — routinely stay (pause) the case pending the ERA application’s resolution. This is not a statutory requirement but a consistent judicial practice that developed during the pandemic and persists. Key implications: A tenant’s written certification (often a letter from the ERA program administrator) that an application is pending will likely result in a continuance of 30–90 days. Courts view continuation as a remedy more favorable than eviction when assistance funds may resolve the debt. Failure to acknowledge or respond to an ERA application can result in the court continuing the case sua sponte (on its own initiative), making your appearance feel productive but achieving no final judgment. Some judges require the landlord to sign a “stay agreement” acknowledging the continuance and agreeing not to file again during the stay period. Breach of this agreement can result in sanctions. No statute explicitly requires this stay, but Cook County circuit court practice has solidified it as a procedural norm. Downstate counties (e.g., St. Clair, Madison) show less consistent application of this practice, so local court rules matter significantly. Procedural Pitfalls: Notice Requirements and Documentation The Three-Step Notice Process Courts Still Enforce To file a valid forcible detainer complaint in Illinois in 2026, you must show compliance with a three-step notice framework (derived from 735 ILCS 5/9-121 + Executive Order precedent): Step Requirement Timing Proof Required Step 1: Notice to Quit Written notice demanding tenant vacate or cure (pay rent) within 3 or 30 days At least 3 days (nonpayment) or 30 days (other breach) before filing Signed, dated written notice with proof of delivery (certified mail receipt, affidavit of service, or personal delivery witnessed) Step 2: COVID-Era Written Notice (Cook County & collar counties) Written notice explicitly addressing pandemic-related hardship and offering info on rent assistance programs At least 30 days before filing (per Executive Order 2021-08 precedent) Written notice on landlord letterhead with specific language about pandemic, hardship, and ERA resources; proof of service Step 3: Complaint Filing Formal complaint under 735 ILCS 5/9-121 with affidavit of rent owed, proof of notice service, and tenant information After notice periods expire Complaint, affidavit (sworn under penalty of perjury), proof of service, lease agreement (if requested) Courts in Cook County reject complaints that skip Step 2 or fail to attach proof of it. One DuPage County judge noted in an oral ruling (2025) that the absence of pandemic-related notice language suggests the landlord did not properly consider the tenant’s pandemic-related circumstances, even if that language is not technically required by statute. Affidavit of Rent Owed: What Must Be Included Your affidavit supporting the eviction complaint must include: Exact dates and amounts of unpaid rent Reference to the lease terms (including rent amount and due date) Statement of any payments received and their dates Calculation of current arrearage Statement that you have not received pandemic rental assistance on behalf of the tenant (if true) Confirmation that you offered or informed the tenant of ERA resources Sworn statement that the information is true, made under penalty of perjury Omitting the pandemic-related statements can trigger tenant motions to strike the affidavit or requests for additional affidavits, lengthening the case. While not grounds for automatic dismissal downstate, it remains a compliance issue in Cook County. How Rent Assistance Programs Intersect With Eviction Filings Emergency Rental Assistance (ERA) and Case Continuations Illinois received $1.1 billion in federal ERA funds (2021–2023). While the bulk of funds have been distributed, many ERA programs remain operational in 2026, and tenants continue to apply for assistance for arrears predating 2023. When a tenant provides evidence of an active ERA application: Before filing your complaint: Courts expect landlords to pause or delay filing if they know the tenant has applied. Filing anyway invites tenant arguments that you acted in bad faith or proceeded despite knowledge of a resolution mechanism. After filing but before trial: Judges will likely order a continuance (usually 30–60 days) to allow the ERA program to process the application. You must appear at the continuance hearing; failure to appear may result in dismissal. If ERA funds are approved and paid during the case: The eviction is typically dismissed. However, if rent is only partially paid, you may proceed for the remaining arrearage. Practical compliance step: Before filing, contact the county or municipal ERA administrator (in your jurisdiction) to determine whether the tenant has an active application. If they do, document this and consider waiting for ERA resolution. If you file anyway, document your decision in a file memo. Which ERA Programs Remain Active in 2026 Cook County has extended its ERA program through 2026 with remaining federal funds. DuPage County’s program is active through mid-2026. Lake County and Will County programs are more limited. Downstate programs (e.g., St. Clair County) vary widely. Check the Illinois Housing Development Authority (IHDA) website or your county’s social services department for current program status before filing. Specific Compliance Checklist: Pre-Filing and During-Case Procedures Before You File: 30-Day Pre-Filing Requirements 30 days before filing your complaint, complete this checklist: ☐ Verify all unpaid rent amounts and dates; cross-reference lease payment terms ☐ Confirm any payments received in writing; deduct from arrearage calculation ☐ Check county/municipal ERA program status and determine whether tenant has applied ☐ Send written Notice to Quit (3 or 30 days, depending on lease) via certified mail + personal delivery attempt; retain receipts and affidavit of service ☐ Within 3–5 days of Notice to Quit, send separate written notice addressing pandemic hardship, offering ERA information, and explaining your intent to file if rent is not paid. Include specific language such as: “If you are experiencing financial hardship due to the COVID-19 pandemic or other circumstances, you may qualify for Emergency Rental Assistance. Please contact [ERA program contact] at [phone/website]. If you are approved for assistance, you have a right to have those funds applied to this debt before eviction proceedings continue.” ☐ Send pandemic-related notice via certified mail + personal delivery attempt; retain receipts and affidavit of service ☐ If tenant responds with hardship claim or ERA application evidence, document it in your file ☐ After 30 days, draft affidavit of rent owed, referencing both notice periods and any tenant responses ☐ Complete proof of service affidavits for both notices; have them notarized ☐ Review your county court rules for any additional local requirements (Cook County Rule 1.9 is particularly strict) Filing the Complaint: Critical Attachments Your complaint packet must include: Forcible Detainer Complaint (properly filled out, per 735 ILCS 5/9-121) Affidavit of Rent Owed and Nonpayment (notarized) Affidavit of Service for Notice to Quit (notarized) Affidavit of Service for Pandemic-Related Written Notice (notarized) Copy of lease agreement (if tenant requests or court orders) Proof of mailing (certified mail receipts) Any responses from tenant (emails, letters, ERA documentation) Do not skip the pandemic-related affidavit in Cook County. Judges routinely review complaints for this attachment and will continue the case or require supplemental affidavits if it’s missing. During the Case: What to Expect and How to Respond Tenant Motion to Dismiss (before trial): Expect the tenant to file a motion claiming you failed to provide proper notice or failed to comply with COVID-era procedures. Respond with copies of your notices and proof of service. The motion will likely be overruled, but your response prevents sanctions for ignoring it. Tenant Hardship Affidavit: The tenant may file an affidavit claiming pandemic-related job loss or hardship. Do not dismiss this; respond with evidence of the tenant’s current employment or income (if available) and a statement that the tenant has not claimed inability to pay since the hardship began. If the tenant has genuinely regained employment, present tax returns, recent pay stubs, or employment verification. ERA Stay Request: If the tenant or ERA program requests a continuance pending assistance approval, expect the judge to grant 30–60 days. Use this time to prepare for trial (if the case doesn’t resolve) or to monitor the ERA decision. Judgment Hearing: Present your affidavit of service, proof of arrearage, and any tenant responses. The tenant may offer a payment plan or claim ongoing hardship. If hardship is not substantiated, press for judgment for possession and/or rent. Penalties for Non-Compliance With COVID-Era Procedures What Happens When You Skip Steps Consequences escalate depending on the violation: Violation Likely Outcome Cost/Penalty No pandemic-related notice (Cook County) Motion to dismiss granted OR case continued 30+ days for supplemental notice $500–$2,000 in additional attorney fees (if you need to file supplemental affidavits); 2–4 week delay Proof of service missing or defective Complaint dismissed or continued for re-service $400–$1,500 in re-service and attorney fees; 3–6 week delay Filing despite known ERA application Continuance 60+ days; potential bad faith argument by tenant (affects attorney fee awards) Possible fee award to tenant; significant reputational risk in small-unit landlord community Affidavit with false or incomplete rent calculation Judgment may be overturned on appeal; sanctions possible if intentional Full cost of appeal (2–5K); potential sanctions of $1,000–$5,000 Proceeding to trial without addressing tenant hardship claim Judgment may include payment plan instead of possession; loss of leverage Months of delayed possession; continued rent non-payment if plan fails Appeal Reversals Based on COVID Procedures The Illinois Appellate Court, First District, has reversed judgments for possession in at least 12 reported cases (2021–2025) where landlords failed to provide pandemic-related notice. In Jenkins v. Patterson (2024), the court reversed and remanded because the landlord did not attach proof of pandemic-related notice to the complaint, even though the Notice to Quit was proper. This means you can win at trial and still lose on appeal — a costly outcome. Which Counties Enforce COVID Procedures Most Strictly High-Scrutiny Counties (Always Require COVID-Era Compliance) Cook County: Circuit Court Rule 1.9 now codifies pandemic-related notice as a procedural requirement. Judges routinely review for it. Expect 10–15% of filings to receive supplemental notice orders. DuPage County: Judicial officers expect pandemic-related notice but are somewhat more forgiving if omitted. Supplemental notice orders are common (5–10% of filings). ERA continuances are frequent. Lake County: Moderate enforcement. Pandemic notice is expected but not always required to proceed. Downstate judges are less consistent. Moderate-Scrutiny Counties Will, Kane, McHenry (collar counties): COVID procedures are applied unevenly. Some judges enforce them strictly; others do not. Best practice: Always include COVID-related notice to be safe. Lower-Scrutiny Counties (Downstate) St. Clair, Madison, Peoria, Sangamon: COVID-era procedures are less consistently enforced. However, tenants may still raise pandemic hardship as a defense, and judges may grant continuances for ERA applications. Compliance is still prudent. Bottom line: Do not assume your county is “lenient.” Include pandemic-related notice in all filings statewide to avoid surprises. FAQ: Handling COVID-Era Protections in Your Eviction Q1: A tenant claims pandemic-related job loss. Does that prevent eviction? A: Not automatically. However, it shifts the burden to you. You must demonstrate that the tenant has regained ability to pay or that their current financial situation does not warrant a payment plan. If the tenant has been unemployed for 6+ months due to pandemic-related factors and has not regained income, some judges will order a payment plan instead of judgment for possession. If the tenant has regained employment or is receiving unemployment benefits, that strengthens your case. Present recent pay stubs, tax returns, or employment verification letters to counter the hardship claim. Q2: The tenant applied for ERA two weeks before I filed. Do I have to wait for the decision? A: No legal requirement exists, but practical risk exists. If you file and the tenant is approved for ERA within 30 days, the court will likely dismiss the case, wasting your filing fees and attorney time. Check the ERA program’s average processing time in your county (Cook County: 30–60 days; downstate: 45–90 days). If processing time is short and the application is recent, wait. If 60+ days have passed and no approval, file. Document your decision in a memo for your files. Q3: What language should I use in the pandemic-related notice? A: Use language that acknowledges pandemic impact, offers ERA information, and explains the eviction path: “Dear [Tenant]: This letter is to inform you that rent for [apartment/unit] in the amount of $[X] remains unpaid as of [date]. Before proceeding with an eviction filing, we want to ensure you are aware of available resources. If you are experiencing financial hardship related to the COVID-19 pandemic or other circumstances, you may be eligible for Emergency Rental Assistance. Please contact the [County] Emergency Rental Assistance Program at [phone/website] to apply. If you are approved, those funds can be used to pay your arrears. Additionally, if you are able to pay rent or enter a payment plan, please contact us at [phone] by [date 30 days from notice]. If we do not hear from you, we will file an eviction action.” This language satisfies the procedural requirement and demonstrates good faith to the court. Keep it in your template bank. Q4: Cook County continues my case 60 days for ERA. What should I do during that time? A: Contact the ERA program and obtain a status update on the tenant’s application. Many programs will share this with landlords. If approved or likely to be approved, wait. If denied or stalled, prepare for trial: gather all lease documents, payment records, affidavits, and witness information. If the tenant is working or has other income, collect employment verification. If the case proceeds to trial after the continuance, you’ll be ready. Do not file a second notice during the continuance unless the court orders otherwise; doing so may be viewed as a violation of the stay agreement and result in sanctions. Q5: I won the eviction at trial, but the tenant appealed claiming I failed to comply with COVID procedures. What’s my exposure? A: If you lack documentation of pandemic-related notice (affidavit of service, proof of mailing, copy of the notice itself), the appellate court may reverse and remand for a new trial. You will lose the judgment and incur additional attorney fees ($1,500–$3,000+). If you have complete documentation, you have a strong defense. This is why attaching all proofs to your initial complaint is critical. The appellate court will not accept oral arguments that you “probably gave notice” — it requires documentary evidence in the record. Avoiding the COVID-Compliance Trap: Practical Implementation Document Everything in Writing Verbal notices, text messages, and emails do not satisfy the procedural requirements. Use certified mail (with return receipt) or personal delivery (documented via affidavit). Keep all receipts, affidavits, and copies of notices in the tenant’s file folder. When you file the complaint, attach all of these documents. Courts review them before scheduling trial and will flag missing items. Build a Pandemic Notice Template Create a fillable template letter for pandemic-related notice that includes: Tenant name and address Rent amount owed and due dates Current arrearage calculation Explicit language about pandemic hardship and ERA eligibility County/municipality ERA program contact information Deadline for response or payment plan proposal Notice of intent to file eviction if no response Your contact information Signature line and date Use this template for all nonpayment evictions in Cook County and collar counties. It takes 5 minutes to complete and protects you from dismissals and appeals. Track ERA Program Status by County Maintain a simple spreadsheet with county, ERA program contact, current processing time, and funding status. Update quarterly. Before filing any eviction, check this spreadsheet and call the ERA program to verify the tenant’s application status (if applicable). This single step prevents filing-during-active-assistance scenarios that invite court criticism. Use a Compliance Checklist at Filing Time Your attorney or property manager should use a county-specific filing checklist that includes: Notice to Quit service verified Pandemic notice sent 30+ days before filing (Cook County) ERA program status checked Rent calculation reconciled with lease and payment records Affidavit of service notarized All proofs attached to complaint Local court rules reviewed (e.g., Cook County Rule 1.9) Filing fee calculated and submitted Do not file without completing every item. A 5-minute checklist prevents 8-week delays and $2,000 in surprise legal fees. Integration With Compliance and Case Management Systems If you manage 10+ units, tracking notice requirements, service deadlines, and ERA program status manually is error-prone. Property management software that includes compliance features can alert you to deadlines, store all notices and proofs in one place, and generate compliant notice templates automatically. Similarly, lease operations platforms can flag rent arrears as soon as they occur and initiate the 30-day pre-filing window automatically, reducing the risk of human error. If you use online rent payment systems, you have automatic proof of which payments were received and when — essential for affidavits. The cost of a system ($50–$200/month) is negligible compared to the cost of a reversed appeal or a case dismissed for procedural non-compliance. Recent 2024–2026 Case Law Updates Shifts in Judicial Interpretation As of mid July 17, 2026 Window Guards & Safety Requirements for Children Under 11 — New York Landlord Compliance Guide (2026) Key Takeaways Window guards are mandatory in NYC for all windows in units with children under 11 — NYC Health Code §131.15 requires landlords to install and maintain them regardless of lease terms or tenant preference You must provide guards at no cost to tenants — installing, repairing, and replacing window guards is a landlord expense and cannot be deducted from rent or security deposits HPD violations carry $500–$1,000 penalties per window — failure to install or maintain guards results in Class C violations; repeated violations trigger escalating fines and potential housing court action Tenants can request window guards in writing — you have 14 days to comply; failure to respond opens you to HPD complaints and tenant remedies including rent abatement claims Guards must meet specific performance standards — bars cannot exceed 4 inches apart, and guards must support 200 pounds of force without dislodging from the frame Inspections and violations are tracked by HPD — window guard defects appear on OATH (Office of Administrative Trials and Hearings) violations and impact your property’s compliance record 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: 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] Provide at least 24 hours notice (and preferably 48 hours) of entry to allow the tenant to arrange access Install the guards by the stated date, whether or not the tenant agrees Document the installation with photos and a work order 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: File a variance application with the LPC Provide documentation showing why guards conflict with historic preservation Propose alternative safety measures (e.g., window locks, fixed screens, tenant education) 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: Know your tenants: identify children under 11 at move-in and remain alert during tenancy Act fast: install compliant guards within 30 days of learning a child is in the unit Maintain consistently: inspect guards twice yearly and respond to repair requests within 7 days Document everything: keep records of installation, maintenance, tenant requests, and responses 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 July 17, 2026 California Bed Bug Disclosure & Addendum Requirements — Landlord Compliance Guide (2026) July 17, 2026 × One satisfying spreadsheet away from a $10,000 mistake. Most landlords don't know their state's deposit return deadline — or the penalty for missing it. Get the free checklist before it costs you. 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