Everett, Mass., Code of Bylaws art iii habitation § 10-34
Severability (Everett Art. III Certificate of Habitability)
Operative Text
The provisions of this Ordinance shall be severable and if any section, part or portion hereof shall be held invalid for any reason by any court, the decision of such court shall not affect or impair any remaining section, part or portion thereof.
Section 10-34 of Everett's habitation ordinance establishes a severability rule, meaning the ordinance is designed to function even if one part of it is struck down. If a court finds any section, part, or portion invalid, that ruling applies only to the invalidated piece and leaves the rest of the ordinance intact. This is a standard legal mechanism that protects the broader regulatory framework from being undone by a challenge to any single provision.
Plain English — not legal advice.
Under § 10-34 of Everett's Code of Bylaws Art. III, a court ruling that invalidates one part of the habitation ordinance does not eliminate the obligations created by the remaining sections. Compliant operators generally continue to follow all other provisions of the ordinance regardless of any legal challenge targeting a specific section. Staying current with the full ordinance, rather than assuming a court ruling has broader effect than it does, reflects standard practice under a severability clause.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 10-34 of Everett's habitation ordinance means that tenant protections established elsewhere in Art. III remain enforceable even if a court invalidates a separate part of the ordinance. Tenants who believe their rights under the ordinance have been violated can still raise those provisions as a basis for a complaint or defense, since a legal challenge to one section does not erase the others. Tenant-rights organizations familiar with Everett's local code can help clarify which protections remain in effect following any court decision.
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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