N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-42
Severability
Operative Text
If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this act directly involved in the controversy in which said judgment shall have been rendered. L.1974, c. 48, s. 5, eff. June 25, 1974.
Section 46:8-42 of N.J.S.A. 46:8-1 et seq. is a severability clause, meaning that if any individual part of the act is found unconstitutional or legally invalid by a court, only that specific part is affected. The rest of the act continues in full force as though the invalidated portion had never been included. This type of provision is a standard legislative safeguard designed to preserve as much of the law as possible when one piece is successfully challenged.
Plain English — not legal advice.
Property owners and managers operating under N.J.S.A. 46:8-1 et seq. should understand that § 46:8-42 protects the broader statute from collapsing if one section is struck down by a court. Compliant operators generally continue to follow all remaining provisions of the act even if a particular section is being litigated or has been invalidated. Staying current with any court decisions affecting specific sections helps operators understand which obligations remain in effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 46:8-42 of N.J.S.A. 46:8-1 et seq., tenants can generally rely on the protections provided by the act even if a court invalidates one particular section, because the rest of the law remains intact. This means that a legal challenge to one part of the statute does not automatically eliminate other tenant rights established elsewhere in the act. Tenants who have questions about how a specific court ruling may affect their rights can consult a tenant-rights organization or legal aid service for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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