Preemption Notice

This local rule is preempted in part by Mass. Gen. Laws c. 40P (Mass. Gen. Laws c. 40P) for certain properties in this jurisdiction.

Preemption Notice

This local rule is preempted in part by Mass. Gen. Laws c. 40P (Mass. Gen. Laws c. 40P) for mobile home park.

Belchertown, Mass., Code of Bylaws ch 78 § 78-9

Severability (Belchertown Mobile Home Parks)

In Force
Verified 11/11/2026 · Next check 12/11/2026
BelchertownRent Control

Operative Text

Belchertown, Mass., Code of Bylaws ch 78 § 78-9
If any provision of this article shall be held invalid, the validity of the remainder of this article shall not be affected thereby.
Source: Legislative text reproduced verbatim
Plain English

Section 78-9 of Belchertown's Code of Bylaws, Chapter 78, establishes a severability rule: if any single part of the article is found legally invalid or unenforceable, the rest of the article continues to stand on its own. This is a standard legal safeguard that prevents one flawed provision from toppling the entire regulatory framework. The rule reflects a legislative intent that each part of the article operate independently where possible.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 11, 2026

Plain English — not legal advice.

For Property Managers

As a property owner or manager subject to Chapter 78, the severability clause in § 78-9 means that even if a court or authority strikes down one specific requirement within the article, the remaining obligations still apply and must be followed. Compliant operators generally continue adhering to all other provisions of the article unless a specific section has been formally invalidated. Staying informed about any legal challenges to Chapter 78 provisions helps operators understand which rules 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

Section 78-9 of Chapter 78 provides tenants with an important structural protection: the rights and remedies established elsewhere in the article remain enforceable even if one part of the article is successfully challenged in court. This means that a landlord cannot argue that the entire article is void simply because one provision has been found invalid. Tenants who believe their rights under Chapter 78 have been violated may wish to consult a tenant-rights organization or legal aid service to understand which provisions remain in force.

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 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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Related Rules

§ 1
Title
§ 4
General prohibition; exception
§ 5
Preemption

Source Information

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