Nantucket, Mass., Code of Bylaws ch 123 § 123-6
Severability (Nantucket Short-Term Rentals)
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 123, Section 123-6 of the Nantucket Code of Bylaws contains a severability clause, which means that if any single part of Chapter 123 is found legally invalid by a court, that part is treated as separate from the rest of the chapter. The remaining provisions continue to operate as if the invalidated portion never existed. This type of clause is a standard legal safeguard designed to preserve the overall regulatory framework even when individual components are successfully challenged.
Plain English — not legal advice.
As a property owner or manager subject to Chapter 123, the severability rule in § 123-6 means that a successful legal challenge to one part of the chapter does not automatically nullify the obligations imposed by other sections. Compliant operators generally continue to follow all remaining provisions of Chapter 123 unless a court specifically invalidates those sections as well. Staying informed about any court rulings affecting Chapter 123 is a common practice for operators who want to understand which requirements remain in effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 123-6 of Nantucket's Chapter 123 protects tenants by ensuring that the broader set of tenant-related rules in the chapter remains enforceable even if one specific provision is struck down by a court. This means that rights and protections established elsewhere in Chapter 123 are not automatically lost because of a ruling on an unrelated section. Tenants who have questions about which provisions remain in force after any legal challenge may find it helpful to consult a tenant-rights organization or review publicly available court decisions affecting Chapter 123.
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.
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