Brookline, Mass., Code of Bylaws ch 5 5 § 5.5.9
Severability (Brookline Fair Housing By-Law)
Operative Text
If any provision or section of this by-law shall be held to be invalid, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this by-law, which shall remain in full force and effect.
Section 5.5.9 of Brookline's Code of Bylaws establishes a severability rule for the rent regulation bylaw. This means that if any single part of the bylaw is found to be legally invalid or unenforceable by a court, that part is treated as separate from the rest. The remaining provisions of the bylaw continue to operate with full legal effect, as though the invalidated portion had never been included.
Plain English — not legal advice.
Under § 5.5.9, property owners and managers can rely on the fact that the rent regulation bylaw is designed to remain intact even if one of its provisions is successfully challenged in court. A compliant operator generally continues to follow all other sections of the bylaw regardless of any legal ruling that strikes down a specific part. This structural protection means that obligations under the bylaw as a whole are not automatically voided by a challenge to any single section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5.5.9 provides tenants with assurance that their protections under Brookline's rent regulation bylaw are not entirely eliminated if one part of the bylaw is ruled invalid. Tenants can generally continue to rely on and invoke the remaining provisions of the bylaw when raising concerns or pursuing remedies through appropriate channels. Tenant-rights organizations familiar with Brookline's regulations can help clarify which provisions remain in effect following any legal developments affecting the bylaw.
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.
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