Russell Gardens, N.Y., Code of Ordinances ch. 40A (eCode360 ed. 2026) § 40A-14
Severability
Operative Text
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment.
Section 40A-14 of Russell Gardens, N.Y., Code of Ordinances ch. 40A establishes a severability rule, meaning that if a court finds any individual part of the chapter legally invalid, only that specific part is struck down. The rest of the chapter continues in full force as though the invalidated portion never existed. This is a standard legal safeguard designed to preserve as much of the ordinance as possible when any one piece is successfully challenged.
Plain English — not legal advice.
As a property owner or manager subject to ch. 40A, the severability clause in § 40A-14 means that a successful legal challenge to one provision of the chapter does not automatically nullify the obligations created by other provisions. Compliant operators generally continue to follow all remaining requirements of the chapter even if a particular section is struck down by a court. Staying informed about any court rulings affecting ch. 40A helps ensure ongoing compliance with the provisions 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 40A-14 protects tenants indirectly by ensuring that if a landlord successfully challenges one part of ch. 40A in court, the tenant protections found in other sections of the chapter remain intact and enforceable. This means rights and remedies established elsewhere in the ordinance are not swept away by a ruling that targets only a single clause or section. Tenants who have questions about how a specific court ruling may affect their protections under ch. 40A can consult a local tenant-rights organization or legal aid office 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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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