Domestic Partnerships

NYC Admin. Code tit. 3, ch. 2, subch. 3

in effect

NYC Admin. Code § 3-240 [Definitions.]

§ 3-240 [Definitions.] As used in this section, the following terms shall have the following meanings: a. "Domestic partners" shall mean persons who have a registered domestic partnership, which shall include any partnership registered pursuant to this chapter, any partnership registered in accordance with executive order number 123, dated August 7, 1989, and any partnership registered in accordance with executive order number 48, dated January 7, 1993, and persons who are members of a marriage that is not recognized by the state of New York, domestic partnership, or civil union, lawfully entered into in another jurisdiction. Nothing in this code shall affect a partnership that has been registered pursuant to either such executive order and has not been terminated in accordance with such executive orders or this chapter. b. "Registry of domestic partnerships" shall mean the registry maintained by the city clerk pursuant to this chapter, and shall include all domestic partnerships registered by the city clerk pursuant to executive order number 48, dated January 7, 1993, and all domestic partnerships registered with the former department of personnel pursuant to executive order number 123, dated August 7, 1989. Within ten days of the effective date of the local law that added this definition, the department of citywide administrative services shall transfer to the city clerk the records of domestic partnerships registered with the former department of personnel. c. "Affidavit of domestic partnership" shall mean an affidavit prepared by the office of the city clerk in accordance with rules adopted by the city clerk. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027 and .

NYC Admin. Code § 3-241 Domestic partnership registration.

§ 3-241 Domestic partnership registration. a. A domestic partnership may be registered by two people who meet all of the following conditions: 1. Either: (a) both persons are residents of the city of New York or (b) at least one partner is employed by the city of New York on the date of registration; 2. Both persons are eighteen years of age or older; 3. Neither of the persons is married; 4. Neither of the persons is a party to another domestic partnership, or has been a party to another domestic partnership within the six months immediately prior to registration; 5. The persons are not related to each other by blood in a manner that would bar their marriage in the state of New York; 6. The persons have a close and committed personal relationship, live together and have been living together on a continuous basis. b. In order to register, persons shall execute an affidavit of domestic partnership and submit it to the city clerk, who shall maintain a registry of domestic partnerships. Both parties to the partnership shall be present when the affidavit is submitted. c. Except when one of the parties is confined to a prison, in a hospital or other health care facility, or is unable to travel to the office of the city clerk because of a disability, the affidavits shall be submitted to the city clerk at the office of the city clerk. The city clerk may adopt such rules as are necessary to implement the domestic partnership registration program. Such rules shall include provisions necessary to provide for the registration of domestic partners when one of the partners is in prison or unable to travel, which shall be equivalent to the rules applicable to persons in such circumstances who apply for a marriage license. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 3-242 Termination of domestic partnership.

§ 3-242 Termination of domestic partnership. a. If either party or both parties to a registered domestic partnership determines that the partnership has terminated, one of the partners shall file a termination statement with the city clerk. The person filing the termination statement shall declare that the domestic partnership is terminated and, if the termination statement has not been signed by both domestic partners, that the other domestic partner has been notified of such termination by registered mail, return receipt requested. b. A domestic partnership shall terminate whenever one of the parties to the partnership marries. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 3-243 Confidentiality of domestic partnership information.

§ 3-243 Confidentiality of domestic partnership information. The city clerk shall establish procedures to ensure the confidentiality of information in the registry of domestic partnerships. a. In the ordinary course of business, such records shall be released only: 1. To the parties to the domestic partnership; 2. To individuals presenting written authorization from one of the parties to the domestic partnership; 3. To attorneys in cases where such records are required as evidence in a legal proceeding. b. The following restrictions shall not apply to records that are at least fifty years old, or to records where both parties to the domestic partnership are deceased: 1. Where a party to the domestic partnership sends a third party to obtain their domestic partnership record without a letter of authorization, the third party may make the request and pay any applicable fee if the third party consents to having the record mailed directly to the party to the domestic partnership. The record shall not be released directly to the unauthorized third party. 2. If a person requires information concerning the prior history of domestic partnerships of a person who is that person's domestic partner or spouse or prospective domestic partner or spouse, the office of the City Clerk shall, upon receiving adequate assurance that such person's interest is as described in this paragraph, payment of the appropriate fee, and the furnishing of an approximate date of the registration of the partnership and sufficient information to search under at least one party's name, confirm only the fact of a prior domestic partnership by a "yes" or "no" answer. c. Nothing herein shall be construed to prohibit the publication of statistics pertaining to domestic partnerships which have been registered by the city clerk, provided that appropriate measures are taken to prevent identification of persons registered. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 3-244 Certificate of domestic partnership registration.

§ 3-244 Certificate of domestic partnership registration. a. Issuance of certificate of domestic partnership registration. The city clerk shall issue a certificate of domestic partnership registration to persons who have registered pursuant to this subchapter. Such a certificate shall constitute notice of a registered domestic partnership when persons apply for rights or benefits available to domestic partners, including but not limited to: 1. Bereavement leave and child care leave of absence for city employees; 2. Visitation in city correctional and juvenile detention facilities; 3. Visitation in facilities operated by the New York City health and hospitals corporation; 4. Eligibility to qualify as a family member to be added by the New York City housing authority to an existing tenancy as a permanent resident; 5. Eligibility to qualify as a family member entitled to succeed to the tenancy or occupancy rights of a tenant or cooperator in buildings supervised by or under the jurisdiction of the department of housing preservation and development; 6. Health benefits provided by the city to city employees and retirees and eligible members of their families, pursuant to stipulation or collective bargaining; 7. Such other rights or benefits as may be established pursuant to applicable law. b. Access to city benefits and services. 1. To the extent permitted by state and federal law, any benefit or service directly provided by the city of New York to persons based on spousal relationship shall be available to persons who are domestic partners pursuant to section 3-244 of the administrative code or in a relationship recognized as a domestic partnership pursuant to section 3-245 of the administrative code. For any person applying for such benefits or services, a certificate of domestic partnership registration or its equivalent as recognized pursuant to section 3-245 of the administrative code constitutes sufficient proof of domestic partnership. 2. Within 90 days of the effective date of the local law that added this subdivision, the administration shall furnish a report to the council that sets forth any benefit or service provided directly by the city that is available to persons based on spousal relationship and is not available to domestic partners on the same basis, and the reasons for why such benefits or services are not provided to such persons. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 3-245 Recognition of marriages not recognized by the state of New York, domestic partnerships, and civil unions of other jurisdictions.

§ 3-245 Recognition of marriages not recognized by the state of New York, domestic partnerships, and civil unions of other jurisdictions. a. Members of a marriage that is not recognized by the state of New York, a domestic partnership, or a civil union, lawfully entered into in another jurisdiction, shall be entitled to all the rights and benefits available to domestic partners registered pursuant to this subchapter. A certificate of such domestic partnership, civil union or marriage issued by another jurisdiction shall constitute sufficient proof of entitlement to such rights and benefits. b. "Members of a marriage that is not recognized by the state of New York" for purposes of this section and of section 3-240(a) of this title does not include a marriage prohibited by section 5 or section 6 of the New York State Domestic Relations Law. Editor's note: For related unconsolidated provisions, see Appendix A at .

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-1052Fetched: 10/24/2026