The bill, known as Sebastiens Law, amends existing legislation to enhance child safety by mandating the installation of window guards in residential units where children aged 10 years or younger reside or are regularly present. It shifts the policy from an opt-in system, which required tenants to request window guards, to an opt-out system, meaning that window guards must be installed unless tenants explicitly waive this requirement. Additionally, landlords are now required to provide tenants with a form at lease signing and annually thereafter, informing them of their rights regarding window guard installation and maintenance. The bill also allows tenants to request window guards even if no children are present in the unit.

To ensure compliance, the bill mandates that landlords inquire about the presence of children in the dwelling and inform tenants of the legal requirement for window guards. It also requires the Department of Community Affairs to prepare and distribute forms in both English and Spanish for tenant use. While the new opt-out policy applies to individual units, the existing opt-in policy will remain for common areas. Importantly, tenants can rescind their waiver for window guard installation without it being considered a breach of lease. Overall, the legislation aims to increase the number of homes equipped with window guards, thereby protecting children from potential accidents related to unsecured windows.

Statutes affected:
Introduced: 55:13A-7.12, 55:13A-7.13, 55:13A-7.14