6B - Housing Occupancy Regulations Revisions (Changes to Human Rights Ordiance BRC 12-4)~~-~~~~~ao Changes to Human
Rights Ordiance,
B.R. C. 12-4
Memo
To: Human Relations Commission
FY~om: Carmen Atilano
Date: November 9, 2004
Re: Housing Occupancy Regulations Revisions
Attached please find proposed revisions to B.RC.12-4, Human Rights, Creation and
Tennnza.tion ofDomestic Parhierships submitted by Neil Fishman.
Commissioner McFadden has requested that this proposal be discussed at the November 15~'
HI2C meeting (agenda item VI. B. Housing Occupancy Regulations Revisions).
If you have quesrions or comments before the November 15~' meeting, please contact Richard
or myself. Thank you.
Title 12 HUMAN RIGHTS
Chapter 4- Domestic Registry - Creation and
Termination of Domestic Partnerships
12-4-1 Domestic Partnership Registry - Purpose.
The city values the dignity and worth of all people and is committed to promoting
justice, equity and inclusiveness. The city finds that domestic partnerships today
exist in many different forms, including unmarried couples i~a either same or
onposite sex relationshins who are living together. In order to promote equal
respect and fair treatment and to protect the public health, safety, and welfare, it is
the policy of the city to allow anv two unrelated adults [persons] in a committed
relationship who meet the domestic parinership criteria to register with the city :
and to obtain a certificate attesting to their status, or to receive a certifzcate
documentinQ their status but ~zot be formally re~istered in the citv's Domestic
Partnership Re~istrv.
12-4-2 DeTinitions.
No proposed changes from draft dated 10/9/04
12-4-3 Requirements for pomestic Partnerships.
(a) In addition to freelv declarin~ both persons enterinQ a Domestic
Partnership are each other's sole domestic partner, an individual must:
a. Be an unmarried person eighteen years of age or older and competent to
contract;
b. Not have been prohibited from marrying his or her domestic partner under
the law of this state by reason of a blood relationship to the domestic
partner or by reason of adoption;
c. Share a common household, as defined herein, with their domestic
partner;
d. Execute, with his or her domestic partner, a certificate of domestic
partnership, attesting to the foregoing requirements and that the parties in
a relationship of mutual support, caring, and commitment with the present
intention to remain in that relationship; and
e. Not have terminated the domestic partnership (is this necessarv?)
12-4-4 Creation and Termination of Domestic Partnerships.
No pronosed chan2es f'rom draft dated IO/9/04. However, how will anv vreviouslv
re2istered Domestic Partnerships be handled? Will thev be ~randfathered? Are
thev subiect to the same termination matters as newlv established DM's will be?
Will they be subiect to "Subsequent Domestie Partnerships" restrictions? Fees?
12-4-5 Recognition of Domestic Partnerships Registered in other Jurisdictions.
The city recognizes the ¢~vernmentally-sanctioned civil unions or same sex marria~es
or domestic partnerships that are publicly documented and created under other laws of
other jurisdictions that meet requirements that are similaz to the requirements of Section
12=4-3, "Requirements for pomestic Partnerships," B.R.C. 1981.
12-4-6 Private Registry of Domestic Partnerships.
1~'o proposed changes from draft dated 10/9/04