§ 12-03 Distribution of Window Guard and Lead Paint Notices.
RCNY § 12-03
Owners must deliver a notice, in hard copy or electronically, in a form provided or approved by the Department, to the occupant of each dwelling unit in a multiple dwelling. Forms are available on the Department website and by calling 311 for hard copies.
(a)Notices must be distributed as follows: (1) New lease. All new leases offered to prospective or current tenants or occupants in multiple dwellings must contain a notice regarding window guards.
(2)At commencement of occupancy if no lease. If no lease is offered or required, the notice required by this section must be provided to each new occupant of a unit upon commencement of occupancy.
(3)Annually after leasing or commencing occupancy. Between January 1 and January 16 of each year, every owner must send an annual notice to each dwelling unit, to be delivered as follows: (i) By first class mail addressed to the occupant at the dwelling unit; or (ii) By hand delivery to the occupant at the dwelling unit; or (iii) By electronic delivery to an e-mail account or telephone number provided by the occupant, if the owner has obtained the occupant’s written consent to such delivery; or (iv) By enclosure with the January rent bill, provided that the January bill is delivered between December 15 and January 16.
(b)Owners to issue annual notice reminder. Between January 1 and February 15 each year, each owner must transmit a notice reminder by any means practical, including by electronic messaging to all occupants, or by posting such notices in the common areas of the multiple dwelling. Such notices must advise occupants that (i) occupants must return the completed notices provided to them by February 15, (ii) the owner must inspect a dwelling unit if the completed notice is not returned, and (iii) the owner has an obligation to install and maintain window guards.
(c)Combined notices regarding window guards and lead paint are permitted. Owners of multiple dwellings constructed prior to January 1, 1960 may combine, in a form provided or approved by the Department, the window guard notice required by this Chapter with the notice regarding lead paint required pursuant to 28 RCNY § 11-03.
(d)Notice content must conform to the following: (1) Language. Notices must be printed in English, Spanish, and such other languages as an owner knows or reasonably should know are commonly spoken in the community in which the dwelling unit is located.
(e)Notices to be retained and made available for inspection.
(1)Owners must maintain proof of mailing or delivery of notices to occupants, completed notice forms returned to owners, and occupants’ agreements to receive notice by specific means of communication until at least April 1st of the second year following the year that the notice was required to be sent. Such records must be made available for inspection by the Department upon request.
