Hornell, N.Y., Code of Ordinances ch. 178 § 178-44
Conflict with other provisions; highest standard to prevail
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 a 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 178-44 of Hornell's Code of Ordinances establishes a hierarchy for resolving conflicts between Part 2 and other local laws, ordinances, or regulations. When Part 2 conflicts with another local rule—whether related to zoning, building, electrical, plumbing, fire, safety, health, water supply, or sewage disposal—the more restrictive requirement or higher standard takes precedence. This means Part 2 does not automatically override every other local rule; instead, whichever provision demands more of regulated parties governs.
Plain English — not legal advice.
Under § 178-44, property owners and managers operating in Hornell must identify which applicable standard—whether drawn from Part 2 or from another local ordinance or code—is the more restrictive, and comply with that higher requirement. Compliant operators generally review overlapping regulations across zoning, building, fire, health, and related codes to determine which sets the stricter obligation. Keeping documentation of which standard was applied and why can support a showing of good-faith compliance when multiple regulatory frameworks intersect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 178-44 means that tenants in Hornell may benefit from whichever local rule—Part 2 or another applicable ordinance—provides the stronger protection, since the higher standard governs. If a housing condition appears to fall short of what any applicable code requires, tenants can raise the more protective standard as relevant when reporting concerns to local code enforcement or housing authorities. Tenant-rights organizations familiar with Hornell's overlapping regulatory framework can help identify which provision applies in a given 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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