[HISTORY: Adopted by the City Council of the City of Yonkers 6-11-2024 by Ord. No. 4-2024. Amendments noted where applicable.]
AFFIDAVIT OF DOMESTIC PARTNERSHIP
Shall mean an affidavit prepared by the office of the City Clerk in accordance with procedures adopted by the City Clerk. The procedures of the City Clerk with regard to such affidavits shall be adopted by the effective date of this chapter.
DOMESTIC PARTNER
A. 
For purposes of this chapter, a "domestic partner" shall be:
(1) 
An unmarried person 18 years of age or older and competent to contract;
(2) 
Unrelated by blood to his or her domestic partner in a manner that would bar their marriage in New York State; and
(3) 
Sharing a common household with a partner in a close and committed, financially interdependent personal relationship.
B. 
In addition, such person shall have:
(1) 
Elected to execute with his or her domestic partner an affidavit of domestic partnership attesting to the foregoing requirements and further attesting to their present intention to remain in that relationship; and
(2) 
Attested that the domestic partnership has not been terminated.
MARRIAGE
As used in this chapter, shall mean a marriage as defined in § 10 of the New York State Domestic Relations Law.
A. 
Persons may register as domestic partners if, on the date of the initial registration, they are residents of the City of Yonkers or at least one partner is employed by the City of Yonkers.
B. 
In order to register as domestic partners, persons shall execute an affidavit of domestic partnership before a notary public and file the affidavit in the office of the City Clerk. Persons submitting an affidavit of domestic partnership must declare under penalty of perjury that:
(1) 
The persons are residents of the City of Yonkers or at least one person is employed by the City of Yonkers on the date of registration;
(2) 
Neither person is married;
(3) 
The persons are 18 years of age or older;
(4) 
The persons are competent to enter into a contract;
(5) 
The persons are unrelated by blood to his or her domestic partner in a manner that would bar marriage in New York State;
(6) 
The persons share a common household;
(7) 
The persons are in a close and committed, financially interdependent personal relationship and intend to remain in the relationship;
(8) 
The persons are each other's sole domestic partner, each has no other domestic partner and the persons intend to remain each other's sole domestic partner;
(9) 
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
(10) 
The persons agree to file an affidavit of termination in the event that the domestic partnership is terminated.
C. 
A domestic partnership shall be established and effective upon the filing of an executed affidavit of domestic partnership with the office of the City Clerk.
D. 
No person shall be eligible to register in the office of the City Clerk as a domestic partner if such person 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 domestic partnership ended as a result of death or marriage of one of the domestic partners.
All affidavits relating to the domestic partnership shall be executed on a form provided by the office of the City Clerk. The affidavit of domestic partnership shall contain the following information and shall be in substantially the following form: We, the undersigned, do hereby declare ourselves to be domestic partners. We reside in the City of Yonkers, or one of us is employed by the City of Yonkers. We are both 18 years of age or older, unmarried and competent to enter into a contract. We are not related by blood in a manner that would bar marriage under the laws of the State of New York. We share a common household. We are in a close and committed, financially interdependent personal relationship and intend to remain in the relationship. We are each other's sole domestic partner, have no other domestic partner and intend to remain each other's sole domestic partner. Neither of us has terminated another domestic partnership within the last 60 calendar days. We agree to file a termination statement in the event that the domestic partnership is terminated.
Either domestic partner may, on a form provided by the City Clerk, amend an affidavit of domestic partnership filed with the office of the City Clerk at any time to reflect a change in the information previously provided to the City Clerk.
A. 
The domestic partnership shall end: a) as of the date that either of the domestic partners dies; b) as of the date that either of the domestic partners marries; or c) as of 30 days after either or both domestic partners file an executed affidavit of termination, except that the death of a domestic partner shall not automatically terminate any benefits extended by third parties.
B. 
Either or both domestic partners may terminate a registered domestic partnership by filing in the office of the City Clerk a notarized statement declaring, under the penalty of perjury, that the domestic partnership is terminated on a form provided by the City Clerk. In the event that only one of the partners executes the affidavit of termination, 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 at the other partner's last known address by means of registered mail, return receipt requested. Any domestic partnership so terminated shall be effective 30 calendar days from the date of the filing of the executed affidavit of termination with the office of the City Clerk.
C. 
Upon the filing of the affidavit of termination, a former partner may cancel a declaration given to any third party by giving such third party a certified copy of the affidavit of termination.
When a domestic partnership has been terminated pursuant to § 126-5 of this chapter, no new affidavit of domestic partnership involving either of the parties to the terminated domestic partnership shall be valid under this chapter until 60 calendar days after the effective date of the executed affidavit of termination. This sixty-day waiting period shall not apply where the domestic partnership terminated as a result of the death or marriage of one of the domestic partners.
The City Clerk shall set reasonable fees of not more than $30 to be charged for the 1) filing, 2) amendment to, or 3) termination of a domestic partnership registration. Upon payment of the aforesaid fee, the individual(s) shall receive two certified copies of the applicable document. The fee for obtaining additional certified copies of the applicable document shall be the fee customarily charged by the City Clerk for obtaining additional certified copies of documents filed with the office of the City Clerk.
A. 
When a domestic partnership has ended, at least one of the partners to the domestic partnership shall file an affidavit of termination within 30 days of the domestic partnership termination with the office of the City Clerk.
B. 
Any person registered as a domestic partner shall, within 30 days of any change in that status, give notice to any party who, in order to qualify the domestic partner for a benefit or right, was originally given a copy of the certificate of domestic partnership.
A. 
The City Clerk shall maintain a log of registrations, amendments 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 log shall be a public record pursuant to the New York State Freedom of Information Law.[1] The City Clerk shall treat any other information of a personally identifying nature relating to any individual as a matter of personal privacy exempt from disclosure under the New York State Freedom of Information Law.
[1]
Editor's Note: See Public Officers Law § 84 et seq.
B. 
Nothing herein shall be construed to prohibit the publication of statistics pertaining to domestic partnerships that have been registered with the office of the City Clerk.
A. 
Upon the proper filing of the documents required by § 126-4, the City Clerk shall issue to each registering domestic partner a certified copy of a certificate of domestic partnership, and may additionally provide them with a copy of this chapter and information about available counseling for AIDS and sexually transmitted diseases in the same manner as is required for marriage licenses.
B. 
The certificate of domestic partnership shall constitute sufficient and conclusive evidence of a registered domestic partnership when persons apply for rights or benefits available to domestic partners.
C. 
No domestic partner who holds a valid certificate of domestic partnership shall be denied any rights of visitation of his or her domestic partner which are accorded to spouses, next of kin or family members at any correctional facility, hospital, nursing home or health care facility located within the City of Yonkers.
D. 
Nothing contained in this chapter shall be construed to require any hospital, nursing home or health care facility that is operated or controlled by any religious institution or organization to provide visitation rights to an individual based solely upon their relationship as a domestic partner.
Nothing in this chapter shall be deemed to supersede, alter, affect or conflict with any state or federal laws or rules.
If any section of this chapter or the application thereof to any individual, partnership, or circumstance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the controversy in which such order or judgment was rendered.