City Council:
AN ORDINANCE AUTHORIZING THE
ESTABLISHMENT OF DOMESTIC PARTNERSHIP
REGISTRY IN THE CITY OF MOUNT VERNON
AND AUTHORIZING THE CITY CLERK TO
ADMINISTER SUCH REGISTRY
Whereas, in correspondence dated September 10, 2026, the City Clerk formally requested authorization to establish, within the Office of the City Clerk of the City of Mount Vernon, a Domestic Partnership Registry to register eligible domestic partnerships in accordance with this Ordinance. For purposes of this Ordinance, a ‘Domestic Partnership’ shall mean a relationship between two individuals who meet the eligibility requirements established herein and who have elected to register their committed relationship with the City of Mount Vernon pursuant to this Ordinance; and
Whereas, the City of Mount Vernon recognizes that individuals may establish enduring, committed family relationships and shared households outside of the traditional framework of marriage; and
Whereas, the City Council finds that establishing a Domestic Partnership Registry will provide eligible residents with a formal, orderly, transparent, and accessible local process for documenting committed domestic partnerships; and
Whereas, the establishment of such a registry will enable the City Clerk’s Office to review, file, maintain, and certify affidavits of domestic partnership and statements of termination in accordance with procedures established by the City; and
Whereas, the establishment of a registry does not purport to create or alter marital status, domestic-relations rights, inheritance rights, pension rights, tax status, health-insurance rights or any other legal status or entitlement governed by federal or New York State law.; and
Whereas, The City Council further finds that establishing and administering a domestic partnership registry constitutes an exercise of the City's legislative authority concerning the government of the City, the management of its municipal business, and the safety and welfare of its inhabitants, within the meaning of § 32 of the Charter of the City of Mount Vernon; and
Whereas, the City Council intends that this chapter be administered in a manner consistent with the Constitution and laws of the United States and the State of New York and with the Charter and other applicable laws of the City of Mount Vernon
Whereas, the City Council further finds that the proposed registration process can be administered by the City Clerk in an efficient and fiscally responsible manner through the filing of standardized affidavits, payment of applicable fees, issuance of certifications, and maintenance of appropriate records; and
Whereas, the City Council desires to establish eligibility standards and administrative procedures governing the registration and termination of domestic partnerships within the City of Mount Vernon; now, therefore, be it
ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, NEW YORK, AS FOLLOWS:
Section 1. Establishment of Domestic Partnership Registry. The City Clerk shall establish, within the Office of the City Clerk of the City of Mount Vernon, a Domestic Partnership Registry to register eligible domestic partnerships in accordance with this Ordinance.
The City Clerk is hereby authorized and directed to establish, maintain, and administer the Registry and to promulgate such administrative forms and procedures as may be reasonably necessary to carry out the purposes of this Ordinance.
Section 2. Definition of Domestic Partnership. For purposes of this Ordinance, a ‘Domestic Partnership’ shall mean a relationship between two individuals who meet the eligibility requirements established herein and who have elected to register their committed relationship with the City of Mount Vernon pursuant to this Ordinance.
Registration as domestic partners shall constitute a local municipal registration and shall not be construed as creating or conferring a marriage, civil union, or any status otherwise established by the laws of the State of New York or the United States.
Section 3. Eligibility Requirements. Two individuals may register as domestic partners with the City of Mount Vernon if, at the time of registration, both individuals meet all of the following requirements:
1. Common Household. The partners share a common household and reside together as members of the same household.
2. Residency or City Employment. Both partners reside within the City of Mount Vernon, New York, or at least one partner resides within the City of Mount Vernon or is employed by the City of Mount Vernon.
3. Age and Legal Capacity. Each partner is at least eighteen (18) years of age and is legally competent to enter into the domestic partnership registration.
4. No Prohibited Family Relationship. The partners are not related by blood in a degree of kinship that would prohibit marriage under New York law.
5. Committed Relationship. The partners are in a close, committed, and financially interdependent personal relationship and intend to remain in such relationship.
6. No Marriage or Other Domestic Partnership. The partners are unmarried, are each other's sole domestic partner, and neither partner has another domestic partner or legally married spouse.
7. Sixty-Day Waiting Period. Neither partner has terminated a domestic partnership registered in any municipality within the preceding sixty (60) days.
8. Agreement to Terminate. The partners agree to file a termination affidavit with the City Clerk in accordance with this Ordinance upon termination of their domestic partnership.
Section 4. Registration Procedure. Both partners shall jointly apply for registration as domestic partners and submit the application to the City Clerk on a form prescribed by the City Clerk.
The application shall include a completed and notarized Affidavit of Domestic Partnership, executed by both partners, affirming under oath that all eligibility requirements outlined in this Ordinance have been satisfied.
The City Clerk may require such additional documentation or information as is reasonably necessary to verify compliance with the requirements of this Ordinance.
Upon receipt of a properly completed application, notarized affidavit, required documentation, and applicable fee, the City Clerk shall review the submission and, upon determining that the requirements of this Ordinance have been satisfied, register the domestic partnership and issue a certificate of domestic partnership to the partners.
Section 5. Filing Fee and Certified Copies. The City Clerk is authorized to establish and collect a reasonable filing fee for the registration of a domestic partnership, together with such additional fees as may be authorized by law for certified copies, amendments, or other services associated with the Registry.
The applicable fees shall be established by resolution of the City Council or otherwise as authorized by law.
Upon request and payment of the applicable fee, the City Clerk may issue certified copies or certifications of a domestic partnership registration or termination statement maintained by the Registry, subject to applicable law and City procedures.
Section 6. Termination of Domestic Partnership. A registered domestic partnership may be terminated by the filing of a Notarized Affidavit of Termination of Domestic Partnership with the City Clerk.
The termination affidavit may be executed by both partners jointly or by either partner individually.
Where both partners execute the termination affidavit, the City Clerk shall record the termination upon acceptance of the properly completed and notarized affidavit.
Where only one partner executes the termination affidavit, the terminating partner shall provide the City Clerk with the last known address of the other partner and such other information as may be reasonably necessary for the City Clerk to provide notice of the termination.
The City Clerk shall provide written notice of the termination filing to the non-filing partner at the last known address provided, in accordance with procedures established by the City Clerk.
The termination shall be recorded by the City Clerk following completion of the applicable notice requirements.
Section 7. Effect of Termination. Upon termination of a registered domestic partnership, neither individual shall be eligible to register a new domestic partnership with the City of Mount Vernon, or to register a domestic partnership in reliance upon the prior registration, until sixty (60) days have elapsed from the effective date of termination, unless otherwise required by applicable law.
Termination of a domestic partnership shall not affect any rights, obligations, contracts, property interests, or other matters that may independently exist between the former partners under applicable law.
Section 8. Duties and Authority of the City Clerk. The City Clerk shall be responsible for the administration of the Domestic Partnership Registry and is hereby authorized to:
1. Prescribe and make available registration and termination forms;
2. Review and accept affidavits and supporting documentation;
3. Maintain a record of domestic partnership registrations and terminations;
4. Issue certificates and certified copies as authorized by this Ordinance;
5. Collect and account for all applicable fees;
6. Establish reasonable administrative procedures for implementation of the Registry; and
7. Take such other administrative actions as are reasonably necessary to implement and administer this Ordinance.
Section 9. Records and Confidentiality. Records maintained pursuant to this Ordinance shall be maintained by the City Clerk in accordance with applicable provisions of the New York State Public Officers Law, the Freedom of Information Law, applicable privacy requirements, and other applicable laws and regulations.
Nothing contained herein shall be construed to exempt records from disclosure when disclosure is required by applicable law.
Section 10. No Expansion of Legal Rights. Registration pursuant to this Ordinance shall not, by itself, confer upon domestic partners any rights, benefits, privileges, obligations, or legal status beyond those expressly provided by applicable federal, state, or local law.
Nothing in this Ordinance shall be construed to alter or supersede any provision of New York State law concerning marriage, domestic relations, inheritance, taxation, health care decision-making, property rights, or any other legal relationship.
Section 11. Administrative Rules and Forms. The City Clerk, in consultation with the Corporation Counsel, is authorized to develop and implement such forms, rules, procedures, affidavits, certifications, and administrative practices as may be necessary to effectuate the provisions of this Ordinance, provided that such procedures are consistent with this Ordinance and applicable law.
Section 12. Severability. If any section, subsection, paragraph, sentence, clause, or provision of this Ordinance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such adjudication shall not affect the validity of the remaining portions of this Ordinance, which shall remain in full force and effect.
Section 13. Repealer. All ordinances, local laws, resolutions, rules, regulations, or portions thereof inconsistent with the provisions of this Ordinance are hereby repealed or modified to the extent of such inconsistency.
Section 14. Effective Date. This Ordinance shall take effect immediately upon its adoption by the City Council and filing as required by law.