29 C.F.R. § 5.40
§ 5.40 Severability. (29 CFR Part 5)
Operative Text
The provisions of this part are separate and severable and operate independently from one another. If any provision of this part is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, or stayed pending further agency action, the provision is to be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding is one of utter invalidity or unenforceability, in which event the provision is severable from this part and will not affect the remaining provisions.
Section 5.40 of 29 CFR Part 5 establishes that each rule within this part stands on its own, independent of the others. If a court or agency finds one provision invalid, unenforceable, or puts it on hold, that determination does not automatically bring down the rest of the regulatory framework. The remaining provisions continue in full force, and even a challenged provision is preserved to the greatest extent the law allows unless it is found wholly invalid.
Plain English — not legal advice.
Property owners and managers subject to 29 CFR Part 5 can generally rely on the fact that a legal challenge to one specific requirement under this part does not suspend or nullify their obligations under the other requirements. Compliant operators typically continue to follow all other provisions of Part 5 even when a particular rule within it is under legal scrutiny. Staying current with any agency announcements about the status of specific provisions under § 5.40 is a practice associated with ongoing compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Workers and tenants protected by 29 CFR Part 5 retain the benefit of its other provisions even if one particular rule is successfully challenged in court. Under § 5.40, a ruling against one part of the regulation does not strip away protections established elsewhere in Part 5. Those who believe their rights under an unaffected provision are being violated may consider raising the issue with the relevant federal agency or consulting a tenant-rights or worker-rights organization for general guidance on available enforcement paths.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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