Port Chester, N.Y., Code of Ordinances ch. 197 (eCode360 ed. 2026) § 197-5
Higher standards to prevail
Operative Text
In any case where a provision of this law 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 Port Chester, New York, the provision which establishes the highest standard shall prevail.
Section 197-5 of Port Chester's Code of Ordinances establishes a conflict-resolution rule: when this housing law's requirements clash with those of another local code—such as zoning, building, electrical, plumbing, fire safety, or health regulations—the stricter or more protective standard automatically takes precedence. This means no provision of a lesser standard can be used to excuse non-compliance with a higher one. The rule ensures that overlapping regulatory frameworks default to the most demanding requirement rather than the most permissive one.
Plain English — not legal advice.
Under ch. 197 § 197-5, property owners and managers operating in Port Chester should be aware that compliance with one local code does not automatically satisfy another when the two conflict. A compliant operator generally identifies which applicable standard—whether from the housing, building, fire safety, or health codes—is the most stringent and meets that higher bar. Keeping current with all overlapping Village regulations helps ensure that no lower standard is inadvertently relied upon as a shield against a stricter requirement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 197-5 of Port Chester's Code of Ordinances ch. 197 provides tenants with a structural protection: if a landlord points to a less demanding code provision to justify a condition in a rental unit, the higher standard from any conflicting code still applies. Tenants who believe a property fails to meet the most protective applicable standard may raise this conflict-resolution rule when reporting concerns to the relevant Village department or a tenant-rights organization. Understanding that the highest standard always prevails can be a useful reference point when navigating complaints across multiple regulatory bodies.
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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