Brookline, Mass., Code of Bylaws ch 8 46 § 8.46.6
Severability (Brookline Communication of Tenants' Rights and Resources)
Operative Text
If any provision of this by-law or application thereof is held to be invalid or in conflict with applicable laws, this invalidity or conflict shall not affect other provisions or applications of this by-law which can be given effect without the invalid provisions or applications, and to this end, the provisions and applications of this by-law are severable.
Section 8.46.6 of Brookline's Code of Bylaws establishes a severability rule for Chapter 8.46, meaning that if any single part of the by-law is found legally invalid or in conflict with other applicable laws, that finding does not automatically invalidate the rest of the by-law. Each provision stands independently, so the remaining portions continue to carry full legal effect. This is a standard legal safeguard designed to preserve as much of the by-law as possible when any one element is successfully challenged.
Plain English — not legal advice.
Under § 8.46.6, a legal challenge that successfully invalidates one specific requirement of the by-law does not eliminate a landlord's obligations under the remaining provisions. Compliant operators generally continue to follow all other sections of Chapter 8.46 unless and until a court or authority specifically rules on each individual provision. Staying informed about which provisions remain in effect is a routine part of managing rental property in Brookline.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8.46.6 means that if a landlord or other party successfully challenges one part of Chapter 8.46 in court, tenants may still be able to rely on the other, unaffected provisions of the by-law. Rights and protections established elsewhere in the by-law remain available as long as those specific provisions have not been separately invalidated. Tenants who have questions about which protections remain in force can consult a local tenant-rights organization or the Town of Brookline for current guidance.
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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