Oyster Bay, N.Y., Code of Ordinances ch. 135 (eCode360 ed. 2026) § 135-23
Water penetration
Operative Text
Buildings built in soil which is water-bearing at any season of the year shall be maintained so that ground and surface water will not penetrate into habitable spaces, basements and cellars.
Section 135-23 of Oyster Bay's Code of Ordinances addresses buildings constructed on water-bearing soil, requiring that such structures be kept in a condition that prevents ground and surface water from entering habitable spaces, basements, and cellars. The rule applies year-round, recognizing that soil moisture conditions can vary by season. It establishes an ongoing maintenance obligation rather than a one-time construction standard.
Plain English — not legal advice.
Under Oyster Bay Code ch. 135 § 135-23, property owners managing buildings on water-bearing soil are generally expected to conduct regular inspections and upkeep of waterproofing systems, drainage, foundation seals, and related components. Compliant operators typically address signs of water intrusion promptly and document maintenance activities to demonstrate that habitable spaces, basements, and cellars remain protected. Seasonal changes in groundwater levels make periodic reassessment a common practice for properties in affected areas.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 135-23 of Oyster Bay's Code of Ordinances gives tenants a basis to raise concerns if ground or surface water is penetrating habitable spaces, basements, or cellars in a building situated on water-bearing soil. Tenants who observe such conditions may consider documenting the intrusion with photographs and written records, and can report the issue to the appropriate local code enforcement or housing authority in Oyster Bay. Tenant-rights organizations familiar with local ordinances can help explain the range of options available when a landlord has not addressed water penetration issues.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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