Guarding Against Window Guard Violations
With delinquencies on the rise at most Condominium and Homeowners Associations and with an increasing number of Association foreclosure actions being filed daily, many board members and property managers are finding themselves playing an unexpected role, that of landlord. In order to recover the mounting debt many Associations are faced with, the rental of units via rent receiverships and/or via title transfers at sheriff’s sales has become a common practice. Rental units are a very effective source of recovery in the current economic climate. However, taking on the responsibility of a landlord means complying with specific rules and regulations that Associations need to be aware of. One area of particular importance involves window guards.
New Jersey has very detailed laws when it comes to window guards in rental properties. The requirements grow out of New Jersey’s Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq. and the regulations promulgated in connection with it. Most importantly, if a tenant requests window guards, the landlord must supply them. Additionally, there are explicit rules dealing with the disclosure of this obligation to tenants and with ongoing inspection and maintenance requirements.
First and foremost, landlords are required to include language in any lease agreement advising tenants of their rights with respect to window guards. In particular, this lease provision should be in bold faced print and make clear that the landlord is responsible for providing, installing and maintaining window guards in units where the tenants have a child or children ten years of age or younger. Further, the provision must advise the tenants that any window guard request must be in writing. If the tenants want window guards to be placed in any building hallways, the Association must also comply. However, the cost for any window guard installation may be passed on to the tenants in the amount of no more than twenty dollars per window.
Aside from the lease disclosure, N.J.S.A. 55:13A-7.13 and 55:13A-7.14 place additional obligations on landlords. Aside from having the required language in the lease agreement, a landlord must also:
- Provide an annual orientation concerning the safe use and manipulation of window guards; and
- Perform an inspection of the window guards twice annually and record the inspection in a log; and
- Supply all tenants with notice twice annually of the landlord's obligation to install window guards upon request; and
- A separate verification form should be signed by the tenants when they sign the lease advising them that they have been verbally informed of their right to window guards.
Also of importance are the applicable regulations found in N.J.A.C. 5:10-27. According to the relevant provisions, window guards do not need to be placed in fire escape windows. Additionally, in all "sleeping rooms" on the second or third floors, the guards must be releasable or removable from the inside without the use of a key or tool or excessive force. For all other windows on the second and third floors and for any window on the fourth floor or above, the guards cannot be removed or dislodged without the use of a key or tool. The regulations also list actual specifications for the guards themselves. Any window guard installed in a rental unit must be up to code.
In addition to the above, N.J.S.A. 55:13A-7.14(b)(3) deals with common areas and provides that a notice advising the tenants of the landlord’s obligation with respect to window guards must be conspicuously posted and prominently displayed in the common areas. This notice should also advise tenants to check their window guards on a regular basis and to report any problems or concerns to the landlord.
It is important to note that an Association’s duty is invoked in certain situations where it is not acting as a landlord. If a unit owner is renting out his/her unit privately, he/she is responsible for the installation of window guards in the unit upon the tenant’s request. However, if the tenant requests guards in any common area hallway, the Association must install them upon written request.
Due to the complexity of the requirements, it is always advisable to have a professional draft or review any lease provisions and/or notifications being sent to tenants. Associations should know and understand their obligations and do everything to guard against the expense of ending up in landlord/tenant court.
