[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza 11-5-2003 by L.L. No. 6-2003. Amendments noted where applicable.]
Significant changes in our society have resulted in the creation of diverse living arrangements and the emergence of an expanded concept of the family unit. Many persons today live as families in enduring, committed relationships other than marriages. The Village of Great Neck Plaza has an interest in supporting all caring, committed and responsible family units. The Village also recognizes that it is in the public interest for persons in committed relationships and who share common households to be able to register those relationships formally.
As used in this chapter, the following terms shall have the meanings indicated:
- AFFIDAVIT OF DOMESTIC PARTNERSHIP
- An affidavit in a form provided by and filed with the Village Clerk affirming facts which establish the relationship between two persons that constitutes a domestic partnership as defined herein.
- DOMESTIC PARTNERSHIP
- A relationship between two persons if the following is true:
- 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 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 and intend to do so for the indefinite future.
- G. The persons 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 they contribute mutually to each other's maintenance and support.
- A marriage as defined in § 10 of the New York State Domestic Relations Law.
Persons may register as domestic partners if, on the date of the initial registration, they are residents of the Village or at least one partner is employed by the Village.
Persons desiring to register as domestic partners shall execute an affidavit of domestic partnership before a notary public and file the affidavit in the office of the Village Clerk.
Persons submitting an affidavit of domestic partnership must declare under penalty of perjury that:
Each of such persons is a resident of the Village or at least one such person is employed by the Village on the date of registration;
Neither person is married;
Each of such persons is 18 years of age or older;
Each of such persons is competent to enter into a contract;
Each of such persons is unrelated by blood to his or her domestic partner in a manner that would bar marriage in New York State;
Both persons share a common household;
Both persons are in a close and committed, financially interdependent personal relationship and intend to remain in the relationship;
Each person is the other's sole domestic partner, each has no other domestic partner and each intends to remain the other's sole domestic partner;
Neither person has terminated a previous domestic partnership within the 60 calendar days immediately prior to the filing of the affidavit of domestic partnership; and
Each person agrees to file an affidavit of termination in the event that the domestic partnership is terminated.
A domestic partnership shall be established and effective upon the filing of an executed affidavit of domestic partnership with the Village Clerk.
No person shall be eligible to register in the office of the Village Clerk as a domestic partner if such partner has terminated a previous domestic partnership during the 60 calendar days prior to the filing of the affidavit of domestic partnership. This sixty-day waiting period shall not apply if the previous domestic partnership ended as a result of death or marriage of one of the partners.
All affidavits relating to the domestic partnership shall be executed on a form provided by the Village Clerk. Such affidavits shall contain the following information and shall be in substantially the following form:
At any time during the period in which the filing of a domestic partnership registration is in effect, each domestic partner may amend an affidavit of domestic partnership previously filed with the office of the Village Clerk to reflect a change in the information previously provided to the Village Clerk. Such amendment shall be made on a form provided by the Village Clerk. If such amendment indicates that one or more members of the domestic partnership is no longer eligible to be a domestic partner, the amendment must be signed by both domestic partners, and upon filing such amendment with the Village Clerk, the domestic partnership shall be terminated.
In addition to termination pursuant to any other provision of this chapter, a domestic partnership shall terminate upon the first of the following events to happen:
The death of one of the domestic partners (which death shall not automatically terminate any benefits extended by third parties on account of such domestic partnership);
The marriage of any one of the domestic partners;
The filing by either or both domestic partners of a notarized statement, on a form provided by the Village Clerk, declaring, under the penalty of perjury, that the domestic partnership is terminated. In the event such form is filed by only one domestic partner, the terminating partner shall attest upon filing that he or she has sent a written notice that he or she is terminating the partnership to the other partner, addressed to the other partner's last known address, by certified or registered mail, return receipt requested, and shall provide the Village Clerk with proof of such mailing. The termination of any domestic partnership pursuant to this subsection shall be effective 30 calendar days after the date of the filing of the executed affidavit of termination with the Village Clerk.
When a domestic partnership has been terminated pursuant to this chapter, no new domestic partnership involving either of the parties to the terminated domestic partnership shall be registered pursuant to this chapter until at least 60 calendar days after the effective date of the termination. However, no waiting shall apply where the previous domestic partnership was terminated by reason of the death or marriage of one of the domestic partners.
The Board of Trustees may establish, by resolution, reasonable fees to be charged for the filing, amendment to, or termination of, a domestic partnership registration. Upon payment of the aforesaid fee, the domestic partner filing the document shall be entitled to receive two certified copies of the applicable document. Unless hereinafter amended, such fees shall be in the following amounts:
When a domestic partnership has ended, one or both of the domestic partners shall file an affidavit of termination with the Village Clerk within 30 days of the event which caused the end of the partnership.
Within 30 days after the filing with the Village Clerk of any amendment to or termination of a domestic partnership, one or both of the domestic partners shall give notice thereof to any party who previously was given a copy of the certificate of domestic partnership in order to obtain, secure or confirm any right.
The Village Clerk shall maintain a log of registration, amendments and terminations of domestic partnership, indexed by name of each domestic partner, and the date of filing, in a format designed to facilitate access to such statements.
Nothing herein shall be construed to prohibit the publication of statistics pertaining to domestic partnerships that have been registered with the Village Clerk.
Nothing in this chapter shall be deemed to supersede, alter, affect or conflict with any other applicable state, county or federal laws, rules or regulations.