The Annual Notice NYC form is a crucial document for tenants living in New York City buildings with three or more apartments. It serves as a yearly reminder for tenants to report the presence of children in their apartments, which triggers mandatory lead paint and window guard inspections by landlords. This protocol, enforced to protect children from lead poisoning and window falls, requires completion and return of the form to the landlord before February 15 each year.
Every year, tenants in New York City are faced with the critical task of completing and returning the Annual Notice NYC form to their landlords by February 15, as mandated by local law. This process is not just a bureaucratic checkbox but a pivotal measure in safeguarding the health and safety of the city’s youngest residents. Primarily, the form serves as a communication tool between tenants and landlords, ensuring that living environments are free from lead paint hazards and properly equipped with window guards to prevent falls, a necessity for families with children under the age of 10. Landlords are obligated to carry out annual inspections for peeling paint if a child 5 years or younger resides or spends substantial time in the apartment, and they must also install window guards in apartments where children 10 years or younger live or if the tenant requests them, regardless of the presence of children. The requirements laid out in the form apply to buildings with three or more apartments, targeting older constructions where these safety risks are most prevalent. Failure to return the form compels landlords to personally verify the living situation, underscoring the form’s role in proactive risk management. Through these regulations, the form encapsulates the city’s commitment to the well-being of its child population and the collective responsibility of landlords and tenants in upholding these standards.
FOR USE AS OF JANUARY 1, 2021
To: Tenant
From: Landlord/Building Owner
Date:
/
PROTECT YOUR CHILD FROM LEAD POISONING AND WINDOW FALLS
Annual Notice
New YorkCity law requires that tenants living in buildings with three or more apartments complete this form and return it totheirlandlord before February15,each year.Ifyoudonotreturnthisform,yourlandlordisrequiredtovisityour apartment to determine if a child resides in your apartment.
Peeling Lead Paint
By law, your landlord is required to inspect your apartment for peeling paint and other lead paint hazards at least once a year if a child 5 years or younger lives with you or routinely spends 10 or more hours each week in your apartment.
•You must notify your landlord in writing if a child 5 years or younger comes to live with you during the year or routinely spends 10 or more hours each week in your apartment.
•If a child 5 years or younger lives with you or routinely spends 10 or more hours each week in your apartment, your landlord must inspect your apartment and provide you with the results of these paint inspections.
•Your landlord must use safe work practices to repair all peeling paint and other lead paint hazards.
•Always report peeling paint to your landlord. Call 311 if your landlord does not respond.
These notice and inspection requirements apply to buildings with three or more apartments built before 1960. They also apply to such buildings built between 1960 and 1978 if the landlord knows that lead paint is present.
Window Guards
By law, your landlord is required to install window guards in all of your windows if a child 10 years or younger lives with you, OR if you request window guards (even if no children live with you).
•It is against the law for you to interfere with installation, or remove window guards where they are required. Air conditioners in windows must be permanently installed.
•Window guards must be installed so there is no space greater than 4½ inches above or below the guard, on the side of the guard, or between the bars.
•ONLY windows that open to fire escapes, and one window in each first floor apartment when there is a fire escape on the outsideof thebuilding,arelegallyexempt from thisrequirement.
These requirements apply to allbuildings with three or more apartments, regardless of when they were built.
Fill out and detach the bottom part of this form and return it to your landlord.
Please check all boxes that apply:
A child 5 years or younger lives in my apartment or routinely spends 10 or more hours each week in my apartment.
A child 10 years or younger lives in my apartment and:
Window guards are installed in all windows as required.
Window guards need repair.
Window guards are NOT installed in all windows as required.
No child 10 years or younger lives in my apartment:
I want window guards installed anyway.
I have window guards, but they need repair.
Last Name
First Name
Middle Initial
Street Address
Apt.#
City
State
ZIP Code
Signature
Date
Telephone Number
Deadline for return: February 15, 2021
Return form to: name and address of landlord or managing agent. Call 311 for more information about preventing lead poisoning and window falls.
Approved 11/6/2020
In New York City, safeguarding children from potential hazards such as lead poisoning and window falls is a shared responsibility between landlords and tenants in buildings with three or more apartments. To ensure the safety of these living environments, the law mandates the completion and return of the Annual Notice by the tenants before February 15 every year. Failing to submit this form prompts the landlord to inspect the apartment for residency of children. The form is a critical tool in communicating vital safety measures, including the need for lead paint inspection for apartments housing or frequently hosting young children, and the installation or repair of window guards in homes with children 10 years or younger or upon request by tenants without young children. To assist with this vital safety protocol, the following details the steps to properly fill out the Annual Notice form.
Once completed and returned, this form facilitates the necessary inspections and interventions to protect the well-being of children in your home. By fulfilling this annual requirement, tenants play an essential role in maintaining a safe and healthy living environment.
Frequently Asked Questions about the Annual Notice NYC Form
The purpose of this form is to ensure the safety of children in New York City apartments by protecting them from lead poisoning and falls from unguarded windows. It requires tenants in buildings with three or more apartments to notify their landlords about the presence of young children so that necessary safety inspections for lead paint and window guards can be conducted.
Tenants living in buildings with three or more apartments are required to complete and return this form to their landlords before February 15 each year. This ensures that landlords are aware of any children living in the apartments who might be at risk of lead poisoning or falling from windows without guards.
If the form is not returned to the landlord by the due date, the landlord is obligated to visit the apartment in question to determine if a child resides there. This step is taken to ensure that no child is left unprotected due to a failure to submit the form.
If a child aged 5 years or younger lives with you or routinely spends 10 or more hours each week in your apartment, your landlord is legally required to:
Window guards must be installed in your apartment if a child 10 years or younger lives with you, or if you request them, even if no children live with you. They are designed to prevent children from falling out of windows. It is illegal for tenants to interfere with the installation or to remove window guards where they are required. Landlords must ensure window guards are properly installed with no space greater than 4½ inches around them to be effective.
Yes, there are exemptions. Windows that open to fire escapes and one window per first-floor apartment, provided there is a fire escape on the building's exterior, are not required to have window guards. However, all other windows in buildings with three or more apartments must comply with these safety requirements, regardless of the building's construction date.
Filling out the Annual Notice for New York City residents is an important process that tenants must not overlook. However, during this crucial task, there are common mistakes that can lead to potential health or safety risks, especially concerning lead poisoning and window guard requirements. Understanding and avoiding these errors can help ensure the well-being of all residents, particularly the youngest.
Not returning the form on time: The form explicitly states the deadline for its return, which is February 15th of each year. Delaying or forgetting to submit the form by this date compels the landlord to take additional steps to inspect the apartment. This oversight can be inconvenient for both parties and could lead to missed inspections for lead paint or window guard requirements, putting children at risk.
Omitting the presence of young children: The form requires tenants to indicate whether children 5 years or younger live in the apartment or spend a significant amount of time there weekly. Failure to accurately disclose this information means that landlords may not perform necessary inspections for lead paint hazards, increasing health risks.
Ignoring the need for window guards: Tenants must check the appropriate boxes to inform the landlord about the need for window guards or the need for repairs to existing ones. Overlooking this section can result in inadequate protection against window falls for children 10 years or younger.
Incorrect information: Providing inaccurate information, such as the wrong apartment number or contact details, can lead to miscommunication. This mistake might prevent the landlord from carrying out their responsibilities, such as inspecting the apartment or installing necessary window guards.
Removing or altering window guards: It is against the law to interfere with the installation or to remove window guards where they are required. Tenants might not realize the gravity of this mistake, which could endanger the safety of children in the building.
Failure to report changes during the year: If a child 5 years or younger moves into the apartment or starts spending significant time there after the form has been submitted, tenants are required to notify their landlord in writing. Neglecting to report these changes can result in a lack of proper inspections or safeguards against lead paint exposure and window falls.
By steering clear of these errors, tenants contribute to a safer living environment for themselves and their neighbors. The annual notice serves as a critical tool for preventing lead poisoning and ensuring the installation and maintenance of window guards. It's a collective effort that requires attention to detail and timely communication between tenants and landlords.
When handling an Annual Notice NYC form, often required to protect children from potential hazards in residential buildings, several additional forms and documents are frequently used to ensure safety and legal compliance. Understanding these documents can help tenants and landlords navigate their responsibilities and rights effectively.
Together, these documents play a crucial role in ensuring the safety and well-being of tenants, particularly children, in residential buildings. They create a network of legal and practical measures that landlords and tenants must navigate to maintain habitable living conditions and comply with local laws. With a clear understanding and proper management of these documents, tenants and landlords can work together to prevent lead poisoning and ensure the safe use of window guards in New York City.
The Annual Notice NYC form shares similarities with the Residential Lease Agreement, primarily in its focus on the safety and well-being of residents. Just as a lease agreement outlines the responsibilities of both landlords and tenants regarding the maintenance and condition of the dwelling, the Annual Notice requires specific actions related to lead paint and window guards to ensure the safety of children. In both documents, there is a clear expectation for landlords to provide a safe living environment and for tenants to report potential hazards.
Another comparable document is the Lead-Based Paint Disclosure form, which landlords must provide to tenants in buildings constructed before 1978. This disclosure makes tenants aware of any known lead-based paint hazards in their homes. The Annual Notice NYC form similarly mandates that landlords inspect for and inform tenants of lead paint risks, emphasizing the importance of safeguarding occupants, particularly young children, against lead poisoning.
Similarly, the Window Guard Notice mirrors the Annual Notice NYC form in its emphasis on preventing accidents through the installation of window guards in apartments where young children reside. These notices are critical in buildings with three or more units, requiring landlords to install, and tenants to permit the installation of, protective window guards to prevent falls. Both documents serve to protect the most vulnerable residents, ensuring their homes are safe from specific hazards.
The Tenant's Right to Know form, mandated by various jurisdictions, informs tenants of their rights and the obligations of their landlords. It encompasses a wide range of issues, including safety measures, maintenance, and the presence of hazardous materials. The Annual Notice NYC form, in focusing on lead paint and window guard requirements, provides tenants with critical information on their rights to a safe living environment free from specific hazards that could affect their health and well-being, reflecting the broader intentions of the Tenant's Right to Know documentation.
When completing the Annual Notice NYC form, it is crucial to ensure accuracy and compliance with local laws. Here is a list of dos and don'ts to guide you through the process:
Adhering to these guidelines ensures the form is filled out correctly, helping protect children from lead poisoning and window falls in accordance with New York City laws. It also facilitates a smoother communication process with your landlord regarding the safety and maintenance of your living space.
Understanding the Annual Notice NYC form and its requirements is essential for tenants in New York City to ensure the safety of their living environment. Unfortunately, there are several misconceptions about this form and its applicability. By addressing these misconceptions, tenants can better understand their rights and responsibilities.
Misconception 1: The form only needs to be returned if there are children living in the apartment. While the form focuses on the presence of children, particularly regarding lead paint and window guards, it is a requirement for all tenants living in buildings with three or more apartments to complete and return this form, regardless of whether children live in the apartment.
Misconception 2: The form is only for buildings built before 1960. Although the emphasis on lead paint hazards primarily concerns buildings constructed before 1960, the requirements for window guards and the annual notice apply to all buildings with three or more apartments, regardless of the year they were built.
Misconception 3: Tenants are responsible for inspecting their apartment for lead paint. It is the landlord’s responsibility to inspect the apartment for peeling paint and other lead paint hazards at least once a year if a child 5 years or younger lives with, or routinely spends 10 or more hours each week in the apartment. Tenants are required to notify their landlords if a child within this age range begins living with them or spends significant time in their apartment during the year.
Misconception 4: Landlords only need to install window guards if requested by tenants with children. By law, landlords must install window guards in all apartments where children 10 years or younger reside. Additionally, landlords are required to install window guards if requested by the tenant, even if no children live in the apartment.
Misconception 5: Reporting peeling paint is optional. Tenants should always report peeling paint to their landlord as soon as it's noticed. This is not only a requirement but a critical step in ensuring the apartment is safe from potential lead poisoning hazards. If the landlord does not respond, tenants can call 311 for assistance.
Misconception 6: Annual notice requirements don’t apply to buildings built between 1960 and 1978. While it's true the focus is on buildings constructed before 1960 due to the prevalent use of lead-based paint during that time, buildings erected between 1960 and 1978 are also subject to these requirements if the landlord knows that lead-based paint is present.
Misconception 7: It’s legal to remove or interfere with the window guards once installed. It is against the law for tenants to interfere with the installation of window guards or to remove them, especially where they are required for the safety of children. Even if no children live in the apartment, once window guards are installed at a tenant's request, they must not be removed or altered without proper authorization.
By dispelling these misconceptions, tenants in New York City can ensure they are complying with local laws designed to protect the most vulnerable residents from lead poisoning and window falls. It’s important for all parties, landlords and tenants alike, to understand these obligations to maintain safe and healthy living environments.
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