Cal. Civ. Code § 328
Effect of invalidity in part
Operative Text
§ 328. Effect of invalidity in part. If any term, part, provision, article, section, subdivision or paragraph of this chapter shall be held unconstitutional, or ineffective in whole or in part, then to the extent that it is not unconstitutional or ineffective this chapter and such term, part, provision, article, section, subdivision or paragraph thereof shall be in full force and effect; and such determination shall not be deemed to invalidate the remaining terms, parts, provisions, articles, sections, subdivisions or paragraphs thereof.
New York Multiple Residence Law § 328 is a severability clause, meaning that if any individual part of the Multiple Residence Law is found unconstitutional or otherwise ineffective by a court, only that specific portion is set aside. The rest of the law continues to operate as written, unaffected by the ruling against the invalidated piece. This provision ensures that a legal challenge to one element of the statute does not unravel the entire framework.
Plain English — not legal advice.
Under N.Y. Mult. Resid. Law § 328, a court ruling that strikes down one provision of the Multiple Residence Law does not automatically void the obligations and standards that govern property operations under the remaining sections. Compliant operators generally continue to follow all other applicable requirements of the statute even when a particular provision is being challenged or has been invalidated. Staying current with which sections remain in effect after any legal challenge is a standard part of responsible property management under this law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Resid. Law § 328 means that tenant protections and housing standards established elsewhere in the Multiple Residence Law remain enforceable even if a separate part of the statute is successfully challenged in court. Tenants retain the ability to raise violations of the surviving provisions as defenses in housing proceedings or to file complaints with the appropriate local housing authority. Tenant-rights organizations can help clarify which portions of the law remain in full force following any court determination affecting the statute.
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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