Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-5
Prevalence of more restrictive standards
Operative Text
A. The provisions of this Part 1 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 1 , provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance, code or regulation which is more restrictive or establishes a higher standard than those provided in this Part 1 , and such more restrictive requirement or higher standard shall govern during the period in which it is in effect. B. Where a provision of this Part 1 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 93-5 of Waverly's Code of Ordinances, Chapter 93, establishes a hierarchy for resolving conflicts between Part 1's housing standards and other local rules. When Part 1's requirements clash with those of another local law—such as zoning, building, plumbing, fire, health, or sewage codes—the stricter of the two standards takes precedence. This means that Part 1 does not set a ceiling on protections; any local rule that demands more of property owners or offers greater safeguards will govern as long as it remains in effect.
Plain English — not legal advice.
Under § 93-5, compliant operators in Waverly identify which applicable code—whether Part 1 or a separate zoning, building, fire, health, or utility ordinance—imposes the stricter requirement, and then meet that higher standard. Because Part 1 does not override more demanding local rules, property managers generally audit their properties against the full range of applicable local codes rather than relying on Part 1 alone as a compliance ceiling. Staying current with any amendments to Waverly's zoning, plumbing, electrical, and safety ordinances is a routine part of maintaining compliance under this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 93-5 means that tenants in Waverly may benefit from whichever local standard—Part 1 or another applicable ordinance—offers the greater protection, since the stricter rule always governs. If a housing condition appears to violate either Part 1 or a related code such as a fire, health, or plumbing ordinance, tenants can document the issue and explore filing a complaint with the relevant local enforcement authority. Tenant-rights organizations familiar with Waverly's local code structure can help residents understand which standard applies to a given condition and what general enforcement paths are available.
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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