Cohoes, N.Y., Code of Ordinances ch. 215 § 215-3
Application and availability of remedies; authority to issue regulations; severability
Operative Text
A. If a provision of this chapter is found to be inconsistent with any provision of other chapters of the City Code or Charter, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. A greater penalty shall not be considered as more restrictive or a higher standard. B. The Director of Code Enforcement shall have the authority to issue such regulations as may be necessary to implement the provisions of this code. C. If any part, provision, section, subdivision, paragraph, or term of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining chapter, parts, provisions, sections, subdivisions, paragraphs, or terms.
Section 215-3 of Cohoes, N.Y., Code of Ordinances ch. 215 establishes three structural rules for the chapter as a whole. First, when this chapter conflicts with another part of the City Code or Charter, the more restrictive or higher-standard provision controls — though a harsher penalty alone does not make a rule 'more restrictive.' Second, the Director of Code Enforcement is empowered to issue implementing regulations. Third, if any individual part of the chapter is struck down as unconstitutional or invalid, the rest of the chapter remains in effect.
Plain English — not legal advice.
Operators subject to ch. 215 § 215-3 should be aware that where this chapter overlaps with other Cohoes City Code or Charter requirements, the stricter substantive standard applies — meaning compliance with the less demanding rule alone may not be sufficient. The Director of Code Enforcement holds authority under § 215-3 to issue additional regulations that carry the same force as the chapter itself, so compliant operators monitor for any such implementing rules. Because the chapter contains a severability clause, obligations under other sections remain enforceable even if a specific provision is later invalidated.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 215-3 of ch. 215 provides tenants with a structural assurance: if one part of the chapter is found invalid, the protections in the remaining sections are not automatically swept away. The provision also means that where this chapter and another part of the Cohoes City Code address the same subject, tenants may be entitled to the benefit of whichever rule sets the higher substantive standard. Tenants who believe a relevant regulation has been improperly applied or ignored can raise the conflict-resolution rule of § 215-3 when filing a complaint with local code enforcement or when consulting a tenant-rights organization for guidance.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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