N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-37
Severability
Operative Text
If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this act directly involved in the controversy in which said judgment shall have been rendered. L.1974, c. 50, s. 11, eff. June 25, 1974.
Section 46:8-37 of New Jersey's landlord-tenant statute (N.J.S.A. 46:8-1 et seq.) is a severability clause, meaning that if any individual part of the law is found unconstitutional or legally invalid by a court, only that specific part is affected. The rest of the statute continues in full force as though the invalidated portion had never been part of it. This type of provision is standard legislative drafting designed to preserve the law's overall framework even when one element is successfully challenged.
Plain English — not legal advice.
Property owners and managers operating under New Jersey's landlord-tenant law should be aware that N.J.S.A. 46:8-1 et seq. § 46:8-37 contains a severability clause, which means that a successful legal challenge to one part of the statute does not automatically unravel the obligations and protections established by the rest of the act. Compliant operators generally continue to follow all other provisions of the statute even if a court strikes down a particular section. Staying informed about any court rulings affecting specific provisions helps operators 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.
The severability clause at N.J.S.A. 46:8-1 et seq. § 46:8-37 means that tenants' rights established elsewhere in New Jersey's landlord-tenant law are not automatically eliminated if one part of the statute is ruled unconstitutional. The protections and remedies available under the broader act generally remain intact and enforceable even when a court invalidates a specific provision. Tenants who have questions about how a particular court ruling may affect their rights can consult a tenant-rights organization or legal aid service for general information.
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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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