Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-45
Interpretation
Operative Text
A. The provisions of this Part 2 shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this Part 2 , provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard than those provided in this Part 2 , and such more restrictive requirement or higher standard shall govern during the period in which it is in effect. B. In a case where a provision of this Part 2 is found to be in conflict with a provision of a Zoning, Building, Electrical, Plumbing, Fire, Safety, Health, Water Supply or Sewage Disposal Law or Ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
Section 93-45 of Waverly's Code of Ordinances, Chapter 93, establishes a hierarchy for resolving conflicts between Part 2 and other local rules. When Part 2 conflicts with another local law, ordinance, or code—whether related to zoning, building, fire safety, health, or similar subjects—the more restrictive or higher-standard provision controls. This means Part 2 does not automatically override every other local rule; instead, whichever standard is stricter takes precedence.
Plain English — not legal advice.
Property owners and managers operating under Waverly's housing regulations should be aware that § 93-45 requires compliance with whichever applicable standard is more stringent, not simply the minimum set by Part 2. A compliant operator generally reviews all potentially applicable local codes—including zoning, building, fire, and health ordinances—to identify which imposes the higher standard, and then meets that higher standard. Keeping current with any locally adopted amendments or supplementary regulations is a routine part of responsible property management under this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 93-45, tenants benefit from a rule that ensures the most protective applicable standard governs their housing conditions, even if that standard comes from a source other than Part 2 itself. If a tenant believes a landlord is complying with a less restrictive rule while a stricter local ordinance also applies, that conflict may be relevant to a housing complaint or code-enforcement inquiry. Tenant-rights organizations familiar with Waverly's local codes can help identify which standards apply in a given building context.
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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