Berkeley Mun. Code Chapter 13.76 § 13.76.160
Partial invalidity (Berkeley Rent Stabilization and Eviction for Good Cause Ordinance)
Operative Text
If any provision of this Chapter or application thereof is held to be invalid, this invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provisions or applications, and to this end the provisions and applications of this Chapter are severable.
Berkeley Municipal Code Chapter 13.76 § 13.76.160 establishes a severability rule for the city's rent regulation chapter. If a court or other authority determines that any single part of the chapter is legally invalid, that finding does not automatically invalidate the rest of the chapter. The remaining provisions continue to operate independently, as long as they can function without the portion that was struck down.
Plain English — not legal advice.
Under § 13.76.160, operators subject to Berkeley's rent regulations should understand that a legal challenge successfully invalidating one part of Chapter 13.76 does not void the chapter as a whole. Compliant operators generally continue to follow all other provisions of the chapter that remain in effect after any such ruling. Staying current on any court decisions or city announcements affecting specific provisions helps ensure ongoing compliance with the portions of the chapter that remain valid.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13.76.160 means that tenants retain protections under Berkeley's rent regulations even if a particular provision of Chapter 13.76 is found to be legally unenforceable. Rights and remedies established by other parts of the chapter remain available unless those specific sections are themselves invalidated. Tenants who have questions about how a legal challenge to the chapter may affect their situation can consult a tenant-rights organization or the Berkeley Rent Stabilization Board for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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