Rochester, N.Y., Code of Ordinances ch. 90 § 90-71
Severability (Rochester NY Property Code)
Operative Text
The several provisions of this chapter shall be in accordance with the following rules: A. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter. B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular structure, such judgment shall not affect the application of said provision to any other structure.
Section 90-71 of Rochester, N.Y., Code of Ordinances ch. 90 establishes a severability rule for the chapter's housing provisions. This means that if a court finds any single provision—or the application of a provision to a specific structure—to be legally invalid, the rest of the chapter remains fully in force. The invalidation of one part does not ripple outward to undermine the chapter as a whole.
Plain English — not legal advice.
Under § 90-71, property owners and managers can expect that a successful legal challenge to one part of ch. 90 will not automatically void the obligations imposed by other sections. Compliant operators generally continue to follow all remaining provisions of the chapter even when a particular rule is struck down by a court. Staying current with which provisions remain in effect after any court ruling helps ensure ongoing compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 90-71 protects tenants by ensuring that the broader set of rights and protections in ch. 90 survives even if a court invalidates a specific provision or its application to a particular building. This means that a landlord cannot argue that a court ruling against one part of the chapter eliminates tenant protections found elsewhere in it. Tenants who have questions about how a court decision may affect their specific building's obligations can consult a local tenant-rights organization 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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