Watervliet, N.Y., Code of Ordinances ch. 176 § 176-3
Higher standard to prevail; authority to issue regulations; severability
Operative Text
A. If a provision of this chapter is found to be inconsistent with any provision of other chapters of the City Code or Charter, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. A greater penalty shall not be considered as more restrictive or a higher standard. B. The Inspector of Buildings or his or her designee shall have the authority to issue such regulations as may be necessary to implement the provisions of this Code. C. If any part, provision, section, subdivision, paragraph, or term of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining chapter, parts, provisions, sections, subdivisions, paragraphs, or terms.
Watervliet, N.Y., Code of Ordinances ch. 176 § 176-3 establishes three structural rules for how Chapter 176 operates. When this chapter conflicts with another part of the City Code or Charter, the stricter or higher-standard provision wins out — though a harsher penalty alone does not make a rule 'more restrictive.' The Inspector of Buildings holds authority to issue implementing regulations as needed. Finally, if any individual piece of the chapter is found unconstitutional or invalid, the rest of the chapter remains in effect.
Plain English — not legal advice.
Under § 176-3, property owners and managers operating in Watervliet should be aware that when Chapter 176 overlaps with other local code requirements, the more protective or stringent standard applies to their properties — not necessarily the one with the steeper fine. The Inspector of Buildings may issue supplemental regulations to clarify how Chapter 176 is implemented, and those regulations carry the same practical weight. Compliant operators generally monitor both the chapter itself and any administrative guidance the Inspector of Buildings issues to ensure their practices meet the applicable standard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 176-3 means that tenants in Watervliet benefit from whichever local rule sets the higher standard of protection when two provisions conflict, regardless of which carries a larger penalty. The Inspector of Buildings is empowered under this section to issue regulations that flesh out tenant protections under Chapter 176, so those implementing rules are worth reviewing alongside the chapter text. Tenants who believe a lower standard is being applied in place of a more protective one may raise that conflict as a basis for a complaint or inquiry with the Inspector of Buildings, or seek guidance from a local tenant-rights organization.
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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