Watervliet, N.Y., Code of Ordinances ch. 176 § 176-13
Continuation of certain preexisting conditions
Operative Text
Existing conditions not in strict compliance with this chapter may be permitted to continue where the Building Department finds that the exceptions do not constitute a hazard to life, health or property.
Section 176-13 of Watervliet's Code of Ordinances allows certain housing conditions that do not fully meet the requirements of Chapter 176 to remain in place, provided the Building Department determines they do not pose a danger to life, health, or property. This is a limited exception for preexisting, nonconforming conditions rather than a blanket waiver of the chapter's standards. The rule gives the Building Department discretion to evaluate each situation on its own merits.
Plain English — not legal advice.
Under § 176-13, property owners managing buildings with conditions that predate or fall short of Chapter 176's full requirements may seek a finding from the Building Department that those conditions do not constitute a hazard. Compliant operators typically document the nature and history of any nonconforming condition and engage proactively with the Building Department to obtain a formal determination. Maintaining records of any such findings is a common practice, as the exception is conditional and subject to the department's ongoing authority.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 176-13 establishes that not every departure from Chapter 176's standards is automatically permitted — the Building Department must affirmatively find that the condition is free of hazard to life, health, or property before it may continue. Tenants who believe a preexisting condition in their unit poses a genuine safety or health risk may raise that concern with the Watervliet Building Department, which holds the authority to revisit or withdraw a prior determination. Tenant-rights organizations can help residents understand what documentation or complaint processes may be available when a condition's hazard status is in question.
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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