Somerville Code of Ordinances ch. 7, art. IV § 7-69
Severability
Operative Text
In the event that the court determines that Chapter 218 of the Acts and Resolves of 1985 does not remain in full force and effect, or that the City of Somerville is otherwise prohibited from regulating dwellings with less than four units , it is the intent of this ordinance to regulate four or more units in the same manner as set forth in this ordinance, to the extent permitted by state law. Furthermore, in the event that the court determines that Chapter 218 of the Acts and Resolves of 1985 does not remain in full force and effect, it is the intent of this ordinance to provide any tenant protections to the extent permitted by state law. Otherwise, it is hereby declared to be the intention of this ordinance that the sections, paragraphs, sentences, clauses and phrases of these ordinances are severable, and if any phrase, clause, sentence, paragraph or section of these ordinances, shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of these ordinances, since the same would have been enacted without the incorporation in these ordinances of any such invalid phrase, clause, sentence, paragraph, or section.
Somerville Code of Ordinances ch. 7, art. IV § 7-69 establishes a severability rule for Somerville's rent regulations. If a court strikes down any individual part of the ordinance, the remaining provisions stay in effect as if the invalidated portion had never been included. Additionally, if state enabling authority under Chapter 218 of the Acts and Resolves of 1985 were found no longer operative, the ordinance expresses an intent to continue regulating properties of four or more units and to preserve tenant protections to whatever extent state law allows.
Plain English — not legal advice.
Somerville Code of Ordinances ch. 7, art. IV § 7-69 means that a court ruling against one section of the rent ordinance does not automatically unravel the rest of it. Compliant operators generally continue following all other provisions of the ordinance unless and until a court specifically invalidates those provisions as well. Staying current with any judicial developments affecting the ordinance helps property owners understand which requirements remain enforceable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Somerville Code of Ordinances ch. 7, art. IV § 7-69 is designed to protect the overall framework of tenant rights even if a court invalidates a specific part of the ordinance. This means that protections not directly affected by a court ruling generally remain in place and may still be raised as a defense or the basis of a complaint before the relevant local authority. Tenants who have questions about which protections apply to their situation may find it helpful to consult a tenant-rights organization familiar with Somerville's rent regulations.
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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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