Safe Drinking Water Rights for New Jersey Renters

As a renter in New Jersey, safe drinking water in your home is not only a necessity—it’s your legal right. The state sets important standards for the quality of water in rental properties, and landlords must provide water that is safe, free of harmful contaminants like lead, and compliant with health codes. This guide explains what you need to know about your rights, what laws protect you, and how to take action if your drinking water is unsafe.

What Are Safe Drinking Water Standards in New Jersey Rentals?

New Jersey law requires that all rental properties provide tenants with water that meets both state and federal drinking water standards. The landlord is responsible for ensuring water is not only available but also safe to use for drinking, cooking, and bathing.^[1]

Key Legal Standards and Responsibilities

• Landlord Duty: Landlords must maintain plumbing, pipes, and fixtures in good working order to provide potable (safe to drink) water.
• Testing: Some properties (especially those with private wells) must conduct periodic testing for contaminants like lead, bacteria, and chemicals.
• Notification: If water quality testing reveals contamination, landlords must notify tenants and take action to resolve the issue.^[2]

Relevant New Jersey Legislation

• New Jersey Administrative Code (N.J.A.C.) 5:28 – Maintenance of Hotels and Multiple Dwellings.
• New Jersey Landlord-Tenant Law (Title 46).
• NJ Safe Drinking Water Act & Standards.

These laws are enforced by the Bureau of Housing Inspection and the NJ Department of Environmental Protection (DEP) Division of Water Supply & Geoscience.

Common Drinking Water Safety Issues in Rentals

Problems that can affect water quality include aging plumbing, lead pipes, faulty water heaters, or private wells not meeting current standards. If you notice discoloration, unusual taste or odor, or receive a notice about contaminants, it’s important to address the problem promptly.

• Lead contamination (especially in pre-1978 buildings)
• Bacterial contamination (like E. coli)
• Broken or malfunctioning water heaters or pipes
• No hot or cold water for extended periods

What To Do if You Suspect Unsafe Drinking Water

If you believe your rental water may be unsafe, act quickly for your health and peace of mind:

• Inform your landlord or property manager in writing as soon as you notice the problem.
• Request water testing, especially if you live in a property with a private well or older pipes.
• If you don't receive a prompt response, escalate with official complaints (see below).

Official Government Forms: How and When to Use Them

• "Complaint Form for Unsafe Housing Conditions" (No official number):
  Used when your landlord fails to address health hazards, such as unsafe drinking water, after you have notified them in writing. Submit this to the New Jersey Bureau of Housing Inspection.
  Download the Official Housing Complaint Form.
  Example: If your water tests positive for lead and your landlord does not fix the issue, complete this form and send it to your local housing code enforcement office or the Bureau of Housing Inspection.
• "Drinking Water Quality Complaint" (No official number):
  Used for issues with suspected water contamination, especially in homes on private wells. Submit directly to the NJ DEP Division of Water Supply.
  See instructions for reporting drinking water problems.
  Example: If you receive a warning about bacteria or chemical contamination in your water, use this process to file a complaint beyond your landlord.

Who Handles Official Complaints and Disputes?

The Bureau of Housing Inspection within the New Jersey Department of Community Affairs is the official body for maintenance and habitability complaints, including water safety.^[3] For disputes between landlords and tenants, the Special Civil Part, Landlord-Tenant Section of the New Jersey Superior Court can resolve cases if an agreement can’t be reached informally.

How to Take Action: Step-by-Step for Renters

Summarized below are the main steps renters should follow if experiencing unsafe water issues:

• Gather evidence (photos, test results, or reports)
• Notify your landlord in writing (email, letter, or property management portal)
• Allow a reasonable time for response and repairs
• If unresolved, complete the official Complaint Form and submit it to the Bureau of Housing Inspection or contact your local health department
• If the issue remains, consider mediation or filing a claim in the Landlord-Tenant Court

Frequently Asked Questions for New Jersey Renters

1. What should I do if my rental’s water smells or looks strange?
   You should stop using the water, notify your landlord in writing, and ask for testing or repairs. If your landlord does not respond, contact your local health department or file a complaint with the Bureau of Housing Inspection.
2. Who is responsible for water quality in my apartment?
   In almost all cases, the landlord is responsible for ensuring your water is safe and up to state standards, including prompt repairs for contamination or unsafe plumbing.
3. Do renters in New Jersey have the right to request water testing?
   Yes, you can ask your landlord to provide recent test results, especially if you have reason to believe the water may be unsafe, or if you live in an older building or one served by a private well.
4. Can I withhold rent if my water is unsafe?
   Withholding rent legally is risky and should only be done after seeking legal advice or a court order. It’s safer to use official complaint channels or seek mediation through the court.
5. What government agency handles disputes about water safety in rentals?
   The Bureau of Housing Inspection investigates these issues. Persistent unresolved problems can be brought to the Landlord-Tenant Section of the New Jersey Superior Court.

Key Takeaways for New Jersey Renters

• Landlords must provide safe, potable water in all rental properties.
• If you suspect unsafe water, notify your landlord and document the problem in writing.
• Unresolved water safety problems can be reported using official forms or through the Bureau of Housing Inspection.

Need Help? Resources for Renters

• NJ Bureau of Housing Inspection – For official complaints about rental conditions.
• NJDEP Division of Water Supply & Geoscience – For drinking water quality issues, testing, and reports.
• NJ Superior Court Special Civil Part – Landlord-Tenant Section – For mediation and disputes.
• NJ 2-1-1 Housing Assistance – For guidance, shelter, and support services.

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1. N.J.A.C. 5:28 – Maintenance of Hotels and Multiple Dwellings. See full regulations.
2. New Jersey Safe Drinking Water Act and Standards. View the standards.
3. Bureau of Housing Inspection, NJ Department of Community Affairs. Contact and Overview.

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