Town of Huntington, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Huntington 6-1-2004 by L.L. No. 18-2004. Amendments noted where applicable.]
A. 
It is the intention of the Huntington Town Board to establish a mechanism by which those who choose not to marrying can express and document their commitment to each other as "domestic partners." The Town Board deems it is appropriate and fair that certain societal benefits and privileges now accorded to those who are in a legally recognized partnership be available to domestic partners.
[Amended 10-11-2011 by L.L. No. 27-2011]
B. 
This legislation is intended to define the term "domestic partnership" and establish a registry for residents wishing to acknowledge such relationships.
A domestic partnership shall exist between two persons under the following circumstances:
A. 
The persons are not related by blood closer than would bar marriage in the State of New York.
B. 
Neither person is married.
C. 
Both persons are eighteen (18) years of age or older.
D. 
Both persons are competent to enter into a contract.
E. 
The persons declare that they are each other's sole domestic partner.
F. 
The persons currently share a primary residence within the Town of Huntington and declare that they intend to do so for the indefinite future.
G. 
The persons declare that they are in a relationship of mutual support, caring and commitment and are responsible for each other's welfare. For these purposes, "mutual support" means that each contribute mutually to each other's maintenance and support.
H. 
The persons declare that they have resided together and shared a relationship of mutual support for a period of not less than one (1) year prior to their registration as a domestic partnership.
I. 
Both persons agree to file a termination of partnership if there is a change in the status of their domestic partnership.
J. 
The persons shall file a statement of domestic partnership as set forth in this chapter and pay the required fee.
A. 
Contents. The statement shall be signed under the penalty of perjury and shall include the date on which the persons became each other's domestic partner and the address of both partners. Certified copies of each partner's birth certificate or proof of birth date in a form acceptable to the Town Clerk and a copy of either a driver's license or other photo identification acceptable to the Town Clerk shall be provided to he Town Clerk at the time of registration.
[Amended 10-11-2011 by L.L. No. 27-2011]
B. 
Affirmation of requirements. The domestic partnership statement shall also include an affirmation sworn to in person by each partner at the Office of the Town Clerk on the day of filing as to each element contained in § 98-2 or this chapter.
C. 
Amendment of domestic partnership statement. Partners may amend the domestic partnership statement at any time by filing an amended statement.
[Amended 10-11-2011 by L.L. No. 27-2011]
D. 
Termination of domestic partnership. The domestic partnership statement may be terminated as follows:
(1) 
Either one or both members to a domestic partnership may terminate the domestic partnership by filing a termination statement with the Town Clerk. The person filing the termination statement must declare, under penalty of perjury, that the domestic partnership is terminated, and if the termination statement has not been signed by both members, that a copy of the termination statement has been mailed to the other member by regular mail and certified mail, return receipt requested, to the last known address of the other member, or that a copy of the termination statement has been personally given to the other member.
[Amended 10-11-2011 by L.L. No. 27-2011]
(2) 
If signed by only one member of the partnership, the termination statement shall be filed with a notarized affidavit of service or proof of mailing issued by the United States Postal Service, together with a copy of the certified mail receipt, as evidence that the statement has been mailed to the other partner, or a notarized statement of the other partner acknowledging the termination.
[Amended 10-11-2011 by L.L. No. 27-2011]
(3) 
A domestic partnership shall automatically terminate whenever one of the members to the domestic partnership marries a third party, or the domestic partners marry each other, or upon the death of one of the members.
[Amended 10-11-2011 by L.L. No. 27-2011]
(4) 
New statements of domestic partnership. No person who has filed a statement of domestic partnership may file another statement of domestic partnership until six (6) months after the termination statement of a previous partnership has been on file with the Town Clerk.
Anyone who has signed a statement of domestic partnership must file it with the Town Clerk. The statement of domestic partnership, or any termination or amendment thereof, shall not be deemed effective until filed with the Town Clerk according to the provisions of this chapter.
A. 
Form of statements. All statements relating to domestic partnerships shall be notarized and executed as a declaration made under the penalty of perjury. The Town Clerk shall provide forms as necessary to interested individuals.
B. 
Fees for filing of statements and issuance of domestic partnership certificates and registry cards. There shall be a fee of twenty-five ($25) dollars for the filing of a domestic partnership statement and issuance of a domestic partnership certificate and domestic registry card(s) or documentation of any termination thereof. Such fees shall cover the cost of filing and providing two (2) copies of the certificate of domestic partnership registration, two (2) domestic registry (wallet size) cards or termination. There shall be a fee of ten ($10) dollars for each additional certified copy of the certificate, registry card or amended copy of a certificate or documentation of a termination of a partnership.
A. 
The Town Clerk shall ensure the confidentiality of information contained in the registry. In the ordinary course of business, such information shall be released as follows:
(1) 
To one or both parties to the domestic partnership;
(2) 
To an individual presenting written authorization from one or both of the parties to the domestic partnership; and
(3) 
In accordance with an order of a court of competent jurisdiction or a so-ordered subpoena.
B. 
Nothing herein shall be construed to prohibit the publication of statistics or information pertaining to domestic partnerships which have been registered by the Town Clerk, and are legally obtainable under the Freedom of Information Laws of New York State.