12 C.F.R. § 1002.113
§ 1002.113 Severability. (12 CFR Part 1002)
Operative Text
If any provision of this subpart, or any application of a provision, is stayed or determined to be invalid, the remaining provisions or applications are severable and shall continue in effect.
Section 1002.113 establishes a severability rule for the subpart it governs: if any single provision—or a specific application of a provision—is legally invalidated or put on hold by a court, the rest of the subpart's rules remain fully operative. This means a successful legal challenge to one piece of the regulation does not automatically unravel the entire framework. The remaining provisions continue to carry the same legal force as if the invalidated portion had never been challenged.
Plain English — not legal advice.
Under § 1002.113, property owners and managers operating under this subpart should understand that their compliance obligations do not disappear simply because one part of the regulation is challenged or struck down in court. Compliant operators generally continue following all untouched provisions even when litigation targets a specific rule within the subpart. Staying current on which provisions remain in effect—particularly during periods of active litigation—is a standard part of responsible compliance management.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 1002.113 means that even if a court invalidates or pauses one part of the rules in this subpart, tenants retain the protections afforded by all other provisions that remain in effect. Tenants who believe their rights under the surviving provisions have been violated can raise those violations as a defense in relevant proceedings, file a complaint with the appropriate regulatory body, or consult a tenant-rights organization for guidance. Keeping track of which provisions are currently in force is important when evaluating available options under this subpart.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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