[HISTORY: Adopted by the Town Board of the Town of East Hampton 9-6-2002 by L.L. No.
25-2002. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of
East Hampton Domestic Partnership Law."
A.
The
Town's interest in strengthening and supporting all caring, committed
and responsible family forms has led to the definition and recognition
of "domestic partnership" (explained below) as a relationship and
family unit.
B.
This
article establishes a mechanism for the public expression and documentation
of the commitment reflected by the "domestic partnership" whose members
cannot or choose not to marry.
C.
It
is appropriate and fair that certain of the societal privileges and
benefits now accorded to members of a marriage be extended to those
who meet the qualifications of a domestic partnership. The mechanism
established by this chapter will facilitate the definition of those
entitled to such privileges.
A domestic partnership shall exist 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 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 they contribute mutually
to each other's maintenance and support.
H.
Both
persons agree to file a termination of partnership if there is a change
in the status of their domestic partnership.
I.
The
persons shall file a statement of domestic partnership as set forth
in this chapter and pay the required fee.
A.
Contents.
(1)
Domestic partners may make an official record of their domestic partnership
by completing, signing and submitting to the Town Clerk a statement
of domestic partnership.
(2)
The statement shall be signed under penalty of perjury and shall include the date on which the persons became each other's domestic partners and the address of both partners. The domestic partnership statement shall further state that the domestic partners comply with the requirements of § 90-3 of this chapter.
B.
Amendment
of domestic partnership statement. Partners may amend the statement
at any time in order to change an address by filing an amended statement.
C.
Termination
of domestic partnership. Either member of 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:
D.
New
statements of domestic partnership. No person who has filed a statement
of domestic partnership may file another statement of domestic partnership
until six months after the termination statement of a previous partnership
has been filed with the Town Clerk.
Anyone who has signed a statement of domestic partnership may
file it with the Town Clerk. The statement of domestic partnership,
termination statement or amendment of domestic partnership statement
shall not be deemed effective until filed with the Town Clerk according
to the provisions of this article.
A.
Form
of statements. All statements relating to domestic partnerships shall
be notarized and executed as declaration made under penalty of perjury.
The Town Clerk shall provide forms as necessary to interested individuals.
B.
Fees
for statements. The Town Clerk shall charge a fee of $25 for the filing
of a domestic partnership statement and a fee of $25 for the filing
of termination statement. The payment of the above fee entitles the
person filing a statement on behalf of the domestic partnership to
two copies of the statement certified by the Town Clerk. Certification
of additional copies at that time or at any other time shall be available
for a cost of $10 per copy.