Chicago, Ill., Mun. Code ch. 7-28 § 7-28-519

Severability (Chicago Health Nuisances Ordinance)

In Force
Verified 9/18/2026 · Next check 12/17/2026
ChicagoHabitability & Repair

Operative Text

Chicago, Ill., Mun. Code ch. 7-28 § 7-28-519
If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of the ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the city council that the ordinance would have been adopted had not such invalid provision or provisions been included.


(Added Coun. J. 9-12-90, p. 20461)
Source: Legislative text reproduced verbatim
Plain English

Chicago, Ill., Mun. Code ch. 7-28 § 7-28-519 is a severability clause, meaning that if any single part of the ordinance is found unconstitutional or invalid by a court, only that specific part is affected—the rest of the ordinance continues in full force. The invalid portion is treated as if it were removed, while all other provisions remain operative. This reflects the Chicago City Council's stated intent that the ordinance as a whole would have been enacted even without the invalidated language.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 18, 2026

Plain English — not legal advice.

For Property Managers

Under Chicago, Ill., Mun. Code ch. 7-28 § 7-28-519, a court ruling that strikes down one clause of this ordinance does not eliminate a landlord's obligations under the remaining provisions. Compliant operators generally continue to follow all other requirements of ch. 7-28 even if a specific section is challenged or invalidated. Staying informed about any court decisions affecting particular provisions helps property managers 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.

For Tenants

Chicago, Ill., Mun. Code ch. 7-28 § 7-28-519 means that tenants retain the protections provided by the rest of the ordinance even if a court invalidates one specific part of it. If a landlord argues that a court ruling on one clause eliminates broader tenant rights under ch. 7-28, this severability provision is relevant to that dispute. Tenants who have questions about how a court decision may affect their rights can consult a tenant-rights organization or review guidance from the Chicago Department of Housing.

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 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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