Safe Drinking Water in New York Rentals: Rights & Standards

Access to safe, clean drinking water is a basic right for every renter in New York State. If you rent a home or apartment, understanding your rights and the legal standards for water quality can help protect your health and well-being. This guide covers essential safe drinking water requirements, your landlord’s responsibilities, what to do if there’s a problem, and how to file complaints.

Understanding Drinking Water Standards in New York Rentals

In New York, tenants have the legal right to receive safe, potable water in their rental units. Landlords are required by law to provide water that meets the health and safety standards set by state and federal regulations.

What Are the Water Quality Standards?

• Potable Water Requirement: Every rental property must supply clean, safe, and drinkable water ("potable water") at all times.
• Lead and Contaminant Limits: Water must be free from dangerous levels of lead and other health hazards defined by New York State Sanitary Code and the EPA’s National Primary Drinking Water Regulations.
• Plumbing Maintenance: The landlord must keep all pipes and fixtures in good working order to prevent water contamination.

These requirements apply whether a building uses a municipal water supply or a private well.

Landlord Responsibilities

• Ensure continuous access to safe and adequate water supply.
• Maintain, repair, and replace plumbing as needed to prevent unsafe water conditions.
• Address any water contamination reports and arrange timely testing and remediation.
• Comply with the New York City Housing Maintenance Code or similar local ordinances if applicable.

What Should Renters Do If Drinking Water Is Unsafe?

If your tap water appears discolored, tastes strange, or you believe it may be contaminated, take immediate action. Check with neighbors to see if it's a building- or area-wide issue, then contact your landlord in writing (email or letter) and request urgent repairs or testing.

Under New York Real Property Law Section 235-b—the "warranty of habitability"—your landlord must provide a safe, livable dwelling, including safe drinking water.¹

How to File an Official Complaint

If unsafe drinking water conditions persist:

• New York City Tenants: File a complaint with the NYC Department of Housing Preservation & Development (HPD) using the HPD complaint online portal or by calling 311.
• Outside NYC: Contact the local county health department or the New York State Department of Health (NYSDOH).

When reporting, provide details of the problem, your address, and copies of communications with your landlord.

Official Form: Housing Maintenance Complaint Form (NYC)

• Form Name: Housing Maintenance Complaint Form
• When to Use: Use this form if you are a tenant in New York City and your landlord refuses to restore safe drinking water, despite your request.
• How to Use: Complete the process through the NYC 311 online HPD Complaint service or by calling 311. Clearly describe the water issue and steps you've taken.

Which Tribunal Handles Tenant Disputes?

In New York, residential tenancy disputes (including habitability and water issues) are usually resolved in the local Housing Court (a division of Civil Court) in New York City, and in local City or District Courts elsewhere in the state. For guidance or to start a case visit the official New York Housing Court page. Outside NYC, use the Town and Village Courts Directory.

Legal Protections for Tenants

Your right to safe water is part of the "warranty of habitability" in New York Real Property Law Section 235-b.¹ Landlords must maintain safe living conditions, and failure to provide potable water could be grounds for rent reduction, repair-and-deduct actions, or legal proceedings in Housing Court.

Quick Summary

New York renters have strong protections ensuring access to safe water. If issues arise, respond promptly and use official channels for remedy.

Frequently Asked Questions

1. What should I do if my drinking water is discolored or smells bad?
   First, notify your landlord in writing, keep records, and ask neighbors if they have similar issues. If it isn’t resolved, contact your local health department or file a housing complaint.
2. Can my landlord make me pay for water testing?
   No. Landlords are generally responsible for ensuring and verifying that the water is safe, including paying for any required testing if there is a potential safety issue.
3. Is bottled water required if the tap water is unsafe?
   If tap water is unsafe, your landlord may need to provide an alternative safe drinking water source—such as bottled water—until the problem is fixed.
4. What form do I use to report unsafe water in New York City?
   You can file a complaint using the Housing Maintenance Complaint Form via the 311 NYC portal.
5. Which laws protect my right to safe water?
   Your rights are protected under New York Real Property Law Section 235-b and relevant local housing codes.

Key Takeaways for Renters

• Landlords in New York must provide safe, drinkable water at all times.
• If you experience water quality issues, act quickly—document everything and use formal complaint processes if needed.
• Your right to safe water is protected under state law, and help is available from city and state agencies if problems arise.

Need Help? Resources for Renters

• NYC Department of Housing Preservation & Development (Report a Problem)
• New York State Department of Health: Drinking Water Contacts
• New York City Housing Court (resolving housing disputes)
• New York State Attorney General’s Housing Rights

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1. New York Real Property Law Section 235-b: Warranty of Habitability
2. NY State Sanitary Code Part 5 (Drinking Water Supplies)
3. EPA National Primary Drinking Water Regulations
4. NYC Housing Maintenance Code

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