City of Troy, NY
Rensselaer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Troy 11-7-2019 by Ord. No. 100. Amendments noted where applicable.]
It is in the best interest of the City of Troy to publicly recognize and support all family units and committed relationships. The establishment of an official designation of "domestic partnership" distinguishes and respects the rights of citizens who for any reason choose not to marry, but who share domestic life together and intend to mutually support one another on a continuous basis. This designation will assist those with a registered "domestic partnership" to seek benefits and other privileges.
As used in this chapter, the following terms shall have the meanings indicated:
DOMESTIC PARTNERSHIP
A relationship between two persons who share a common domestic life but are not married and who have filed an affidavit with the City Clerk as provided for in this chapter.
A. 
Both individuals are 18 years of age or older, with at least one form of proof.
B. 
Both individuals attest that:
(1) 
They are not related in a manner that they would be prohibited from marriage in New York State.
(2) 
They are not legally married to anyone else.
(3) 
They are each other's sole domestic partner and that they have not held a previous domestic partnership in the prior year.
(4) 
They have been living together for at least six months, with at least one form of proof.
(5) 
They have joint responsibility for basic financial obligations, with at least one form of proof.
(6) 
They are indefinitely committed to living together and mutually supporting one another financially, physically, and emotionally.
(7) 
They are competent to enter a contract, of sound mind and without coercion.
C. 
Both parties agree to file a termination statement to dissolve the domestic partnership within 30 days after cohabitation has ended.
D. 
The City Clerk shall determine the acceptable forms of proof required for documentation.
A. 
A statement of domestic partnership shall be executed at the City Clerk's office by both individuals under oath and penalty of perjury as to each of its declarations. The City Clerk shall require documentary evidence or testimony under oath in support of one or more of the declarations, pursuant to regulations promulgated by the City Clerk.
B. 
A statement of domestic partnership shall be executed on a form provided by the City Clerk, and shall be effective as of the date of its filing.
C. 
A statement of domestic partnership which contains a false or fraudulent declaration by either of the individuals executing it shall not be effective notwithstanding its filing by the City Clerk and shall be voided by the City Clerk; provided, however, that the City Clerk shall not void a statement of domestic partnership without first providing the individuals who executed it notice of the alleged false or fraudulent declaration and an opportunity to explain or rebut the allegations, pursuant to regulations promulgated by the City Clerk.
The City Clerk shall charge a fee of $30 for the filing of a statement of domestic partnership or a termination of domestic partnership. Payment of the fee shall entitle the payor to one certificate of domestic partnership. The City Clerk shall charge a fee of $10 for providing an additional certified copy of the certificate at any time.
The City Clerk shall maintain a log of domestic partnerships and terminations of domestic partnerships by name of each individual and date of filing in a format designed to facilitate access to such statements. The City Clerk shall treat all information of a personally identifying nature relating to an individual as a matter of personal privacy exempt from disclosure under the Freedom of Information Law.
A. 
Either individual in a domestic partnership may terminate the domestic partnership by executing and filing with the City Clerk a termination of domestic partnership in which the individual declares the following:
(1) 
The domestic partnership has been terminated and the individuals are no longer living together.
(2) 
The individual terminating the domestic partnership has notified the other domestic partner of the termination in writing.
(3) 
Written notice of the termination has been received by the other domestic partner at least 30 days immediately prior to the filing of the termination of domestic partnership.
B. 
A termination of domestic partnership shall be executed before the City Clerk or a designee under oath and penalty of perjury as to each of its declarations and shall be certified by the Clerk or a designee. The City Clerk may require documentary evidence or testimony under oath in support of one or more of the declarations, pursuant to regulations promulgated by the City Clerk.
C. 
A termination of domestic partnership shall be executed on a form provided by the City Clerk, and shall be effective as of the date of filing.
D. 
A termination of domestic partnership which contains a false or fraudulent declaration by the individual executing it shall not be effective notwithstanding its filing by the City Clerk and shall be voided by the City Clerk; provided, however, that the City Clerk shall not void a termination of domestic partnership without first providing the individual who executed it notice of the alleged false or fraudulent declaration and an opportunity to explain or rebut the allegation, pursuant to regulations promulgated by the City Clerk.