Great Barrington, Mass., Code of Bylaws ch 145 § 145-8
Severability (Great Barrington Short-Term Rental of Residential Properties)
Operative Text
If any provision in this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
Chapter 145, Section 145-8 of Great Barrington's Code of Bylaws establishes a severability rule, meaning that if any single part of the chapter is found legally invalid by a court, that part is set aside on its own. The rest of the chapter's provisions continue to operate as if the invalidated portion never existed. This is a standard legal mechanism designed to preserve the overall regulatory framework even when one element is successfully challenged.
Plain English — not legal advice.
As a property owner or manager subject to Chapter 145, the severability clause in § 145-8 means that a successful legal challenge to one specific requirement in the chapter does not automatically void the obligations imposed by other sections. Compliant operators generally continue to follow all remaining provisions of Chapter 145 unless a court has specifically invalidated the particular rule at issue. Staying informed about any court rulings affecting Chapter 145 helps ensure ongoing compliance with the portions that remain in effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 145-8 of Great Barrington's Chapter 145 protects tenants by ensuring that the chapter's protections remain intact even if one provision is struck down by a court. If a landlord argues that a court ruling on one part of Chapter 145 eliminates other tenant protections, the severability rule under § 145-8 generally supports the position that those other protections survive. Tenants who have questions about how a court ruling may affect their rights under Chapter 145 can consult a tenant-rights organization or legal aid service for general guidance.
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 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.