Cal. Civ. Code § 301
Separability
Operative Text
§ 301. Separability. If any clause, sentence, paragraph or part of this article or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article.
Section 301 of the New York Executive Law establishes a separability rule for the article in which it appears: if any portion of the article — whether a clause, sentence, paragraph, or its application to a particular person or circumstance — is struck down by a court as invalid, that ruling does not bring down the rest of the article with it. The remaining provisions continue to operate as if the invalidated portion had never been applied. This kind of provision is commonly called a severability or separability clause.
Plain English — not legal advice.
Under N.Y. Exec. Law § 301, operators subject to this article can generally expect that a successful legal challenge to one part of the law will not automatically void the obligations or protections found in other parts. Compliant property owners and managers typically continue to follow the article's remaining requirements even when a specific provision is being litigated or has been declared invalid. Staying current on which provisions remain in effect after any court ruling is a standard part of responsible compliance practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Exec. Law § 301 means that even if a court invalidates one part of the article, the protections and rights established by the rest of it remain intact and enforceable. Tenants who believe their rights under this article have been violated are not necessarily affected by a ruling that struck down a separate, unrelated provision. Tenant-rights organizations and local rent boards can be useful resources for understanding which parts of the article currently remain in full force.
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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