Russell Gardens, N.Y., Code of Ordinances ch. 40A (eCode360 ed. 2026) § 40A-3
Applicability; more restrictive provisions to prevail
Operative Text
A. Scope. This chapter shall apply to all rental dwellings located within the Village, whether or not the use and occupancy thereof shall be permitted as provided in this chapter. B. Applicability. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations; and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this chapter does not make legal any action or statement of facts that is otherwise illegal under any other applicable legislation.
Russell Gardens Code ch. 40A § 40A-3 establishes that the village's rental-dwelling regulations cover every rental unit within village limits, regardless of whether that unit's use is formally permitted. The chapter is designed to work alongside—not replace—existing state and local housing laws, meaning all other applicable rules remain fully in force. When this chapter's requirements conflict with another law or regulation, whichever standard is stricter or more protective takes precedence, and obtaining a permit or filing a form under this chapter does not legalize anything that would otherwise be unlawful.
Plain English — not legal advice.
Under Russell Gardens Code ch. 40A § 40A-3, operators of rental properties in the village must comply with this chapter's requirements in addition to all applicable state and local housing codes—not instead of them. Compliant operators track obligations under every overlapping regulatory framework and apply whichever standard is most stringent when requirements differ. Receiving a permit or completing a filing under this chapter does not shield a property owner from liability under any other law that independently applies to the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Russell Gardens Code ch. 40A § 40A-3 means that tenants in any village rental unit—even one whose occupancy status may be irregular—are covered by this chapter's protections. Because this chapter supplements rather than replaces other laws, tenants may also retain rights under state and local housing codes, and the stricter of any conflicting standards applies. Tenants who believe a violation has occurred can explore options such as raising the applicable provision as a defense in a housing proceeding, contacting the village directly, or reaching out to a tenant-rights organization familiar with Nassau County housing law.
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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