Buffalo, N.Y., Code of Ordinances ch. 261 § 261-13
Severability (Buffalo Lead Based Paint Hazard Reduction Ordinance)
Operative Text
The provisions of this chapter are hereby declared severable. If any word, phrase, clause, sentence, paragraph, section or part in or of this chapter or the application thereof to any person, circumstance or thing is declared invalid for any reason whatsoever, the remaining provisions and the application of such provisions to other persons, circumstances or things shall not be affected thereby but shall remain in full force and effect, the Council hereby declaring that it would have ordained the remaining provisions of this chapter without the word, phrase, clause, sentence, paragraph, section or part, or the application thereof, so held invalid.
Section 261-13 of Buffalo's Code of Ordinances Chapter 261 establishes a severability rule, meaning that if any individual word, phrase, clause, sentence, paragraph, or section of the chapter is found legally invalid, that finding does not bring down the rest of the chapter. The remaining provisions continue in full force as though the invalidated portion had never been included. This is a standard legal safeguard that preserves the overall regulatory framework even when a court or other authority strikes down a specific part.
Plain English — not legal advice.
Chapter 261 § 261-13 provides property owners and managers with assurance that the rent-related obligations established elsewhere in Chapter 261 remain enforceable even if a court invalidates one specific provision. Compliant operators generally continue following all other requirements of the chapter regardless of any legal challenge to an isolated section. Staying current with the chapter as a whole—rather than assuming a ruling on one part affects the rest—reflects how severability clauses are designed to work.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 261-13 means that tenants' protections under Chapter 261 are not automatically eliminated if one part of the chapter is successfully challenged in court; the rest of the chapter stands independently. This can be relevant when a landlord argues that a ruling affecting one provision undermines the entire chapter's applicability. Tenants who have questions about how a specific legal challenge might affect their rights under Chapter 261 may wish to consult a tenant-rights organization or legal aid service familiar with Buffalo housing law.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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