Omaha, Neb., Code of Ordinances ch. 48, art. II (2026) § 48-209
Severability
Operative Text
If any section, sentence, clause, phrase, word or other portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portions of this article.
Section 48-209 of Omaha, Neb., Code of Ordinances ch. 48, art. II is a severability clause, meaning that if any individual part of Article II is struck down by a court as invalid or unconstitutional, the rest of the article continues to operate as if that portion never existed. This provision ensures that a legal challenge to one element of the ordinance does not unravel the entire regulatory framework. The rule reflects a common legislative drafting practice designed to preserve as much of the law as possible.
Plain English — not legal advice.
Property owners and managers operating under Omaha, Neb., Code of Ordinances ch. 48, art. II § 48-209 can take note that the ordinance's severability clause is designed to keep the broader regulatory scheme intact even if a specific provision is successfully challenged in court. Compliant operators generally continue to follow all remaining, unchallenged sections of Article II regardless of any litigation outcomes affecting isolated provisions. Staying informed about any court decisions that invalidate specific sections helps operators understand which obligations remain in effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Omaha, Neb., Code of Ordinances ch. 48, art. II § 48-209, tenants can understand that a court ruling against one part of Article II does not eliminate the protections provided by the rest of the ordinance. Rights and remedies established in other sections of Article II generally remain enforceable even if a separate portion is found unconstitutional. Tenants who have questions about which specific protections remain in force may wish to consult a tenant-rights organization or review any relevant court decisions affecting the ordinance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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