Cal. Civ. Code § 5:10-1.16
Separability clause
Operative Text
If any provisions of this chapter shall be held invalid or ineffective in whole or in part, or inapplicable to any person or situation, it is the purpose and intent of this chapter that all other provisions thereof shall nevertheless be separately and fully effective, and that the application of any such provision to other persons or situations shall not be affected.
N.J.A.C. § 5:10-1.16 is a separability clause, meaning that if any single rule or requirement within Chapter 5:10 is found to be legally invalid, unenforceable, or inapplicable in a particular context, the rest of the chapter's provisions remain fully in force. Courts or regulators can strike down or limit one part without dismantling the entire regulatory framework. This type of clause is a standard legal mechanism designed to preserve the overall integrity of a regulatory scheme.
Plain English — not legal advice.
For property owners and managers operating under N.J.A.C. § 5:10, the separability clause at § 5:10-1.16 means that a legal challenge successfully invalidating one specific requirement does not eliminate obligations under the remaining provisions of the chapter. Compliant operators generally continue to follow all other applicable rules within Chapter 5:10 regardless of any isolated legal ruling affecting a separate provision. Staying current with which provisions remain in effect is a routine part of responsible property management under this regulatory framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.J.A.C. § 5:10-1.16, tenants can understand that their protections under Chapter 5:10 are not all-or-nothing — if one provision is struck down or found inapplicable, the other tenant protections in the chapter generally continue to apply. This means that a landlord cannot use a ruling against one part of the chapter as a basis for disregarding the chapter's other requirements. Tenants who believe their rights under Chapter 5:10 are being violated may consider consulting a tenant-rights organization or reviewing guidance from the New Jersey Department of Community Affairs for information on which provisions remain enforceable.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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