Newark, N.Y., Code of Ordinances ch. 90 (eCode360 ed. 2026) § 90-9
Higher standards to prevail
Operative Text
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, electrical, plumbing, fire safety or health law or any regulation adopted pursuant thereto or any other law, code or regulation of the Village of Newark, New York, the provision that establishes the highest (most restrictive) standard shall prevail. For any definition not listed in this chapter, the definition used in the New York State Uniform Fire Prevention and Building Code shall apply. A. Any alterations to buildings or changes of use therein which may be caused directly or indirectly by the enforcement of this chapter shall be done in accordance with applicable sections of the building, plumbing and electrical code and multiple dwelling code used by the municipality. B. Nothing in this chapter shall permit the establishment or conversion of a multifamily dwelling in any zone except where permitted by Chapter 170 , Zoning, nor the continuation of such nonconforming use in any zone except as provided in said Chapter 170 , Zoning.
Newark, N.Y., Code of Ordinances ch. 90 § 90-9 establishes a 'highest standard prevails' rule: whenever this housing chapter conflicts with another local law—such as zoning, building, electrical, plumbing, fire safety, or health regulations—the more restrictive requirement controls. Any undefined terms in the chapter default to the definitions found in the New York State Uniform Fire Prevention and Building Code. The section also clarifies that multifamily dwellings may only be established or continued in zones where Chapter 170 (Zoning) expressly permits them, and that any physical alterations triggered by enforcement of this chapter must comply with all applicable local codes.
Plain English — not legal advice.
Under § 90-9, property owners and managers in Newark, N.Y. are generally expected to identify and apply whichever standard is most restrictive when this housing chapter overlaps with other local codes—building, plumbing, electrical, fire safety, or health. Compliant operators typically ensure that any renovations or changes of use prompted by enforcement of ch. 90 are carried out in full conformance with the applicable building, plumbing, electrical, and multiple dwelling codes. Operators also confirm that any multifamily use of a property is located in a zone where Chapter 170 (Zoning) permits it, since § 90-9 does not independently authorize such uses.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 90-9 of Newark's ch. 90 means that tenants living in regulated properties benefit from whichever local standard—housing, building, fire safety, or health—offers the greatest protection. If a landlord claims that one code excuses a condition that another code would prohibit, this provision's 'highest standard prevails' rule may be relevant to that dispute. Tenants who believe a property does not meet applicable standards can explore options such as filing a complaint with the Village of Newark's code enforcement office, raising the violation as a defense in a housing proceeding, or contacting a local tenant-rights organization for general 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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