Oswego, N.Y., Code of Ordinances ch. 149 § 149-45
Conflicts with other provisions
Operative Text
A. The provisions of this Part 2 shall supersede local law, ordinances, codes or regulations to the extent that such law, ordinances, codes or regulations are inconsistent with the provisions of this Part 2 ; provided, however, 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 requirements 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 149-45 of Oswego's Code of Ordinances establishes a hierarchy for resolving conflicts between Part 2's rental housing rules and other local laws or regulations. Where another local rule is less restrictive than Part 2, Part 2 controls; but where another rule is more restrictive or sets a higher standard—whether in zoning, building, plumbing, fire safety, health, or related codes—that stricter rule takes precedence. This 'higher standard prevails' principle applies both to conflicts with general local law and to conflicts with specific technical codes.
Plain English — not legal advice.
Operators subject to Oswego Code ch. 149 § 149-45 generally review all applicable local codes—including zoning, building, fire, plumbing, and health regulations—to identify which standard is most stringent, since that is the one that governs. A compliant property manager does not assume that meeting Part 2's requirements alone satisfies every obligation; overlapping local codes may impose additional or stricter duties. Keeping current with all applicable Oswego regulations, not just Part 2, is a hallmark of compliant property management under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Oswego Code ch. 149 § 149-45, tenants may benefit from whichever local standard is most protective, since the stricter rule always prevails over a less restrictive one. If a rental unit appears to fall short of zoning, building, fire, health, or other local code requirements—even if Part 2's baseline is technically met—the higher standard still applies and may form the basis of a complaint. Tenants who believe a property fails to meet the applicable standard can contact the relevant Oswego municipal department or a local tenant-rights organization to understand available options.
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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