Section 3-240.
§ 3-240. As used in this section, the following terms shall have the
following meanings:
a. "Domestic partners" shall mean persons who have a registered
domestic partnership, which shall include any partnership registered
pursuant to this chapter, any partnership registered in accordance with
executive order number 123, dated August 7, 1989, and any partnership
registered in accordance with executive order number 48, dated January
7, 1993, and persons who are members of a marriage that is not
recognized by the state of New York, domestic partnership, or civil
union, lawfully entered into in another jurisdiction. Nothing in this
code shall affect a partnership that has been registered pursuant to
either such executive order and has not been terminated in accordance
with such executive orders or this chapter.
b. "Registry of domestic partnerships" shall mean the registry
maintained by the city clerk pursuant to this chapter, and shall include
all domestic partnerships registered by the city clerk pursuant to
executive order number 48, dated January 7, 1993, and all domestic
partnerships registered with the former department of personnel pursuant
to executive order number 123, dated August 7, 1989. Within ten days of
the effective date of the local law that added this definition, the
department of citywide administrative services shall transfer to the
city clerk the records of domestic partnerships registered with the
former department of personnel.
c. "Affidavit of domestic partnership" shall mean an affidavit
prepared by the office of the city clerk in accordance with rules
adopted by the city clerk.
Section 3-241.
§ 3-241. Domestic partnership registration. a. A domestic partnership
may be registered by two people who meet all of the following
conditions:
1. Either: (a) both persons are residents of the city of New York or
(b) at least one partner is employed by the city of New York on the date
of registration;
2. Both persons are eighteen years of age or older;
3. Neither of the persons is married;
4. Neither of the persons is a party to another domestic partnership,
or has been a party to another domestic partnership within the six
months immediately prior to registration;
5. The persons are not related to each other by blood in a manner that
would bar their marriage in the state of New York;
6. The persons have a close and committed personal relationship, live
together and have been living together on a continuous basis.
b. In order to register, persons shall execute an affidavit of
domestic partnership and submit it to the city clerk, who shall maintain
a registry of domestic partnerships. Both parties to the partnership
shall be present when the affidavit is submitted.
c. Except when one of the parties is confined to a prison, in a
hospital or other health care facility, or is unable to travel to the
office of the city clerk because of a disability, the affidavits shall
be submitted to the city clerk at the office of the city clerk. The city
clerk may adopt such rules as are necessary to implement the domestic
partnership registration program. Such rules shall include provisions
necessary to provide for the registration of domestic partners when one
of the partners is in prison or unable to travel, which shall be
equivalent to the rules applicable to persons in such circumstances who
apply for a marriage license.
Section 3-242.
§ 3-242. a. Termination of domestic partnership. If either party or
both parties to a registered domestic partnership determines that the
partnership has terminated, one of the partners shall file a termination
statement with the city clerk. The person filing the termination
statement shall declare that the domestic partnership is terminated and,
if the termination statement has not been signed by both domestic
partners, that the other domestic partner has been notified of such
termination by registered mail, return receipt requested.
b. A domestic partnership shall terminate whenever one of the parties
to the partnership marries.
Section 3-243.
§ 3-243. Confidentiality of domestic partnership information. The city
clerk shall establish procedures to ensure the confidentiality of
information in the registry of domestic partnerships.
a. In the ordinary course of business, such records shall be released
only:
1. To the parties to the domestic partnership;
2. To individuals presenting written authorization from one of the
parties to the domestic partnership;
3. To attorneys in cases where such records are required as evidence
in a legal proceeding.
b. The following restrictions shall not apply to records that are at
least fifty years old, or to records where both parties to the domestic
partnership are deceased:
1. Where a party to the domestic partnership sends a third party to
obtain their domestic partnership record without a letter of
authorization, the third party may make the request and pay any
applicable fee if the third party consents to having the record mailed
directly to the party to the domestic partnership. The record shall not
be released directly to the unauthorized third party.
2. If a person requires information concerning the prior history of
domestic partnerships of a person who is that person's domestic partner
or spouse or prospective domestic partner or spouse, the office of the
City Clerk shall, upon receiving adequate assurance that such person's
interest is as described in this paragraph, payment of the appropriate
fee, and the furnishing of an approximate date of the registration of
the partnership and sufficient information to search under at least one
party's name, confirm only the fact of a prior domestic partnership by a
"yes" or "no" answer.
c. Nothing herein shall be construed to prohibit the publication of
statistics pertaining to domestic partnerships which have been
registered by the city clerk, provided that appropriate measures are
taken to prevent identification of persons registered.
Section 3-244.
§ 3-244. Certificate of domestic partnership registration.
a. Issuance of certificate of domestic partnership registration. The
city clerk shall issue a certificate of domestic partnership
registration to persons who have registered pursuant to this subchapter.
Such a certificate shall constitute notice of a registered domestic
partnership when persons apply for rights or benefits available to
domestic partners, including but not limited to:
1. Bereavement leave and child care leave of absence for city
employees;
2. Visitation in city correctional and juvenile detention facilities;
3. Visitation in facilities operated by the New York City health and
hospitals corporation;
4. Eligibility to qualify as a family member to be added by the New
York City housing authority to an existing tenancy as a permanent
resident;
5. Eligibility to qualify as a family member entitled to succeed to
the tenancy or occupancy rights of a tenant or cooperator in buildings
supervised by or under the jurisdiction of the department of housing
preservation and development;
6. Health benefits provided by the city to city employees and retirees
and eligible members of their families, pursuant to stipulation or
collective bargaining;
7. Such other rights or benefits as may be established pursuant to
applicable law.
b. Access to city benefits and services.
1. To the extent permitted by state and federal law, any benefit or
service directly provided by the city of New York to persons based on
spousal relationship shall be available to persons who are domestic
partners pursuant to section 3-244 of the administrative code or in a
relationship recognized as a domestic partnership pursuant to section
3-245 of the administrative code. For any person applying for such
benefits or services, a certificate of domestic partnership registration
or its equivalent as recognized pursuant to section 3-245 of the
administrative code constitutes sufficient proof of domestic
partnership.
2. Within 90 days of the effective date of the local law that added
this subdivision, the administration shall furnish a report to the
council that sets forth any benefit or service provided directly by the
city that is available to persons based on spousal relationship and is
not available to domestic partners on the same basis, and the reasons
for why such benefits or services are not provided to such persons.
Section 3-245
§ 3-245 Recognition of marriages not recognized by the state of New
York, domestic partnerships, and civil unions of other jurisdictions.
a. Members of a marriage that is not recognized by the state of New
York, a domestic partnership, or a civil union, lawfully entered into in
another jurisdiction, shall be entitled to all the rights and benefits
available to domestic partners registered pursuant to this subchapter. A
certificate of such domestic partnership, civil union or marriage issued
by another jurisdiction shall constitute sufficient proof of entitlement
to such rights and benefits.
b. "Members of a marriage that is not recognized by the state of New
York" for purposes of this section and of section 3-240(a) of this title
does not include a marriage prohibited by section 5 or section 6 of the
New York State Domestic Relations Law.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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