[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:
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.
