| City Agency/ Commission |
Rule Change Language |
| BANKING COMMISSION |
22 RCNY 1-03: Depository banks, when seeking designation as such, must provide a list of all bank and bank holding company executives, employees, shareholders, legal counsel, consultants and advisors, and/or their spouses, who (A) hold beneficial interests in the bank or holding company in excess of 5%; or (B) are contemporaneously elected or appointed holders of public office or of party office. |
| BUILDINGS | Bill Sec. 26, Ad. Code Sec. 27-232 (p. 34): Building Code: definition aplies to "single individual" or two or more individuals related by blood or marriage or domestic partnership, and living together and maintaining a common household, with not more than 4 borders, roomers or lodger; or a group of not more than 4 individuals, not necessarily related by blood or marriage, and maintaining a common household. |
| BUSINESS SERVICES | Bill Sec 24, Ad. Code 20-950 (p. 31): Fish Market - A person is deemed to hold stock when the stock is owned directly by or for his/her spouse or domestic partner or a corporation in which the spouse or domestic partner holds 50% or more of the stock. Class A or B photo ID card requirements: list real property, loans, creditors, gifts-information requirements relate to aplicant and applicant's spouse. 66 RCNY 1-22: Fish market: Definition of "principal": stock held by individual&146;s spouse is deemed to be held by the individual. [Needs local law] |
| CAMPAIGN FINANCE | Bill Sub Sec 10-12, Ad. Code 3-702 to 3-704 (pp. 16-17) Campaign Financing: (12) "Intermediary" shall not include spouses, domestic partners, parents, children or siblings of persons making a contribution. Candidate may not make expenditures from property or funds of his/her spouse, domestic partner or unemancipated children except as subject to maximum contribution limits. Public funds may not be used for payments to candidtate or a spouse, domestic partner, child, grandchild, parent, grandparent, brother or sister of the candidate or spouse or domestic partner of such child, grandchild, parent, grandparent, brother or sister. |
| CCHR | Bill Sec 13: Ad. Code 8-107(l)(f)(p. 17): Human Rights Law: Prohibition of employment discrimination not applicable to "employers" as to their own parents, spouse, domestic partner, and children. 47 RCNY 2-01: Definition of "distinctly private" for purposes of determining whether a club is exempt from the public accommodations non-discrimination requirement: "Members" include members of any class, including members&146; minor children and spouses. |
| CITY CLERK | Bill Sec 2: Ad. Code Subchapter 3 (pgs 2-7) - codifies executive orders Bill Sec 8, Ad. Code 3-204.2 (p. 11): Council Furniture: At the request of the surviving spouse or domestic partner of a council member, the City Clerk may sell and transfer the chair last occupied by the member to the spouse or domestic partner for $35. 51 RCNY 2-06: Commissioner of Deeds: instructions as to how to sign name when marriage has occurred during term. Must use name under which she was appointed. If she marries during term of office, must continue to use pre-marriage surname, and may then add marriage surname in parentheses after the signature. When term expires, any renew application under either pre-marriage or marriage surname. |
| CITYWIDE ADMINISTRAIVE SERVICES |
55 RCNY 7-07: Canarsie Cemetery: inheritance of burial right. Surviving spouse or domestic partner has right to be buried with his or her spouse. 55 RCNY 11-01: Inability to take civil service examination within one week of death of spouse, mother, father, sister, brother or child of applicant: where applicant is an officer or employee of the City, the applicant may request a special examination. 55 RCNY 11-02: Inability to take license examination because of death of spouse, mother, father, sister, brother or child of applicant: may apply for a refund or opportunity to take examination. 59 RCNY APPXA 4.4.5: No second or special civil service examinations are given, with certain exceptions: Absence from test occurring within one week of death of spouse, mother, father, sister, brother or child of candidate when candidate is officer or employee of the City. |
| COIB | Bill Sec 5, Charter 2601 (p. 8): Confilict of interest provisions: Persons "associated" with public servant include the spouse, domestic partner, child, parent, sibling, persons with whom the public servant has a business or other financial relationship, and firms in which the public servant has a present or potential interest. Charter Sec 2601(5). "Blind trust" is a trust in which a public servant and his/her spouse, domestic partner or unemancipated child, has a beneficial interest, but has no knowledge of holdings or income. Charter Sec 2601(6). "Ownership interest" means an interest in a firm held by a public servant, or the public servant's spouse, domestic partner or unemancipated child which exceeds 5% of the firm or $25,0000. Charter Sec 2601(16) 53 RCNY 1-05: Rule change implementing above. |
| CONSUMER AFFAIRS | Bill Sec 22, Ad. Code 20-455.1 (p. 30): General vendor licenses issued to honorably discharged members of the armed forces and their surviving spouses: Extends rights and benefits bestowed upon the surviving spouse of an honorably discharged member of the armed forces of the United States pursuant to article four of the general busines law to the surviving domestic partner of any such veteran. Bill Sec 23, Ad. Code 20-708.1 (p. 31): Item pricing: "Retail store" defined to exclude stores where only full-time employee is owner or owner's parent, spouse, domestic partner or child, plus not more than two other full-time employees. 6 RCNY 2-62: Transfer of newsstand licenses 6 RCNY 5-77: Unconscionable trade practices. Consumer defined to include the consumer&146;s spouse. |
| DOI | Bill Sec 5, Charter 2601 (p. 8). Conflict of interest provisions: Persons "associated" with public servant include the spouse, domestic partner, child, parent, sibling, persons with whom the public servant has a business or other financial relationship, and firms in which the public servant has a presnet or potnetial interst. Charter Sec 2601(5). "Blind trust" is a trust in which public servant and his/her spouse, domestic partner or unemancipated child, has a beneficial interest, but has no knowledge of holdings or income. Charter Sec 2601(6). "Ownership interest" means an interest in a firm held by a public servant, or the public servant's spouse, domestic partner or unemancipated child which exceeds 5% of the firm or $25,000. Charter Sec 2601(16). Bill Sec 14-15, Ad. Code 12-110 (pp. 17-27) Financial disclosure: Must report person's marital status: spouse or domestic partner's name; spouse or domestic partner's positions (ooficer, trustee, director, partner, honorary); spouse or domestic partner's occupation and business before state or local agencies; etc. spouse or domestic partner's financial holding, debtors, creditors and sources of income; own children and spouse;s or domestic partner's children under 18 who are unmarried and living in the same household and their financial holdings and sources in income. |
| FINANCE | 19 RCNY 16-02: Letter rulings may be requested by taxpayer&146;s spouse, child or parent, if authorized by a power of attorney signed by the taxpayer. 19 RCNY 19-01: Parking tax exemption. An individual resident may apply for an exemption for parking at his/her primary residence. "Primary residence" means "permanent place of abode", defined to include, generally, the dwelling owned or leased by spouse. 19 RCNY 38-03: A person may be represented by the spouse, parent or child at conciliation. |
| GAMBLING CONTROL COMMISSION |
Bel Sec 24, Ad. Code 20-950 (p. 31): Shipboard gambling: A person is deemed to hold stock when the stock is owned directly or indirectly by such individual's spouse or domestic partner or a corporation in which the spouse or domestic partner owns 50% or more of the stock. |
| HEALTH | Bill Sec 20, Ad. Code 17-308.1 (p. 30): Food vendor licenses and permits issued to honorably discharged members of the armed foces and their surviving spouses: Extends the rights and benefits bestowed upon the surviving spouse of an honorably discharged member of the armed forces of the United States pursuant to article four of the general business law to the surviving domestic partner of any such veteran. Bill Sec 21. Ad. Code 17-314.1 (p. 30): Food vendor licenses: Commissioner of Health has discretion to transfer a food vendor permit to a dependant husband, wife, domestic partner or child of an incapacitated or deceased person to whom permit was issued. (no comparable provision in health code) 24 RCNY 53.05: Applicant for family day care certificate must provide three refernces not related to applicant by blood or marriage. BOARD OF HEALTH 24 RCNY 89.03: Rule change implementing legislation on food vendor permits. [Needs local law.] BOARD OF HEALTH |
| HEALTH (cont'd) | 24 RCNY 205.01: A funeral director or undertaker may not apply for a permit unless employed by the next of kin, legal representative or friend of the deceased. "Next of kin" is defined as the following persons, in the following order of priority: Spouse; children 21 or older; grandchildren and other descendants 21 or older; parent; brothers and sisters and their descendants 21 or older; grandparents; great grandparents and uncles/aunts 21 or older; other person 21 or older who would be entitled to share in the estate. BOARD OF HEALTH |
| HPD | 28 RCNY 4-02: Redevolpment Companies Law: Companies shall not rent or sell capital stock to persons or families whose probable aggregate annual income exceeds 8 times the rental. "Probable aggregate income" includes incomes of chief wage earner and his/her spouse. |
| HPD (cont'd) | Bill Sec 26. Ad. Code 27-2004 (p. 35): Housing maintenance code: definition aplies to single individual; or two or more individuals related by blood or marriage or domestic partnership and living together and maintaining a common household, with not more than 2 boarders, roomers or lodgers; or a group of not more than 3 unrelated individuals maintaining a common household. 28 RCNY 4-04: Redevelopment Companies Law: Applicant must furnish information about income of aplicant and spouse. |
| HPD (cont'd) | 28 RCNY 18-04: Relocation payments for persons temporarily displaced by vacate orders - definition of family: "Two or more individuals who by blood, marrriage, adoption or mutual consent live together as a family unit." For example, two roommates would not be a family, but a couple, who live together as a family, even if not formally maried, would be entitled to benefits as if they were married. |
| HPD (cont'd) | 28 RCNY 19-03: HPD's "Unauthorized occupant policy" applies to occupants continuously residing in apartments since April 1988 with a legal tenant who wish to continue residing there upon the death or departure of the legal tenant. Unauthroized occupants are evaluated on a case by case basis to determine whether they would be acceptable as legal tenants, based on household composition, residence history, involvement in unacceptable activities and willingness to pay rent and arrears. Documentation presented by the occupant for claims concerning household members may include marriage license, birth certificate, utility bills, lease, letter form tenant of record, other public recores. |
| HPD (cont'd) | 28 RCNY 24-01: Successor Tenancy - definition of amily member. Includes "any person residing with the tenant in the apartment as a primary residentce, who can prove emotional and financial commitment and interdependence..."(lists factors to be considered in determining whether commitment and interdependence exist.) |
| LOFT BOARD | 29 RCNY 2-01: Requires additional documentation when a loan is obtained from a noninstitutional lender who is related by blood or marriage. |
| OLR | Bill Sec 16, Ad. Code 12-307 Colective bargaining policy. Bill Sec 9, Ad. Code 3-401 (p. 12) Death benefit: Awards of amount up to annual salary may be made by Mayor to spouses or domestic partners of firefighters, police officers and transit police officers who are killed in line of duty. If there is no surviving spouse or domestic partner, award may be made to minor children, dependent mother or father or other dependents. Bill Sec 9, Ad. Code 3-403 (p. 13) Death benefit: Awards may be made by Mayor to spouses or domestic partners of school crossing guards who are killed in line of duty. If there is no surviving spouse or domestic partner, award may be made to minor children. Bill Sec 9, Ad. Code 3-404 (p. 14) Death benefit: Awards may be made by Mayor to spouse or domestic partner of any officer or employee of the City killed in the line of duty who was not at time of death a member of the retirement system. If there is no surviving spouse or domestic partner, award may be made to minor children, dependent mother or father or other dependents. Bill Sec 16: Ad. Code 12-307 (p. 27): Collective |
| OMB | Bill Sec 4: Charter 111(a)(3)(p. 7). Financial disclosure by City-funded charities: Organizations receiving payment from the City's charitable institutions budget must adopt by-laws awhich reuqire financial disclosure by members of their governing board including their occupation and business interests from which the member and the member;s spouse or domestic partner received income equal to or greater than 10% of their aggregate gross income. |
| POLICE | Bil Sec 17, Ad. Code 14-204(2)(p. 27): Fraudulent solicitation on behalf of police officer surviving spouse/domestic partner: Prohibits solicitation on behalf of a law enforcement affiliated organization by representing that funds will be sued to aid surviving spouses, domestic partners or children. 38 RCNY 5-29: Handgun license - must notify of name change by marriage or other reason 38 RCNY 5-29 Handgun licensees |
| SANITATION | Bill Sec 18, Ad. Code 16-321 (p. 28): Recycling advisory board: disclosure Appointees must disclose ownership interest in firms dealing with Department of Sanitation or certain other agencies, including interests held by spouse, domestic partner or unemancipated child. 16 RCNY 1-01 Definition of nursing home. |
| TAX APPEALS | 20 RCNY 1-03: A person under 18 may be represented by his/her adult
spouse, parent or guardian. In a small claims proceeding, the spouse,
child or parent may represent the petitioner. |
| TRADE WASTE | Bill Sec 19, Ad. Code 16-501 (p. 28): A person is deemed to hold stock when the stock is owned directly or indriectly by such individual's spouse or domestic partner or a corporation in which the spouse or domestic partner owns 50% or more of the stock. 17 RCNY 1-01 Definition of principal [needs local law] |
| TRANSPORTATION | Bill Sec 6, Charter 2903(a)(15)(a)(p. 9) Special parting permit for disabled: Spouse, domestic partner, parent, guardian or other individual having legal responsibility for person with disability may apply for a special parking permit. 34 RCNY 4-08(o) Parking permits for people with disabilities: spouse, parent, guardian or other individual having legal responsibility for person with disability may apply. [needs local law] |
| MAYOR | Bill Sec 9, Ad. Code 3-405 (p. 14): Good Samaritan awards may be made to person injured while attempting to prevent a crime, perserve the peace or prevent a public disturbance. If such person died, award may be made to surving spouse or domestic partner, child or other dependent. |