Required Documentation, Which Must Accompany The Residency Form (Part C)
The student must submit two of items “a” through “n” (Note: All items must document residency for the 12 month period immediately preceding the first day of classes. Documents in the same category covering the first and last months of the previous twelve month period are acceptable provided that they show the student living at the same address.)
Items “a” through “n” are as follows:
a. Lease, deed or rent registration form (used for rent stabilized apartments) signed by the landlord, which is either a public or private agency, and the student or parent of the student with the same surname,
b. Letter showing eligibility or disbursement of Social Security or New York City Public Assistance with the student’s New York address covering the 12-month period immediately preceding the first day of classes and including the student’s name,
c. Copies of the most recent complete Federal and New York State tax returns and the corresponding W-2 form. Responses to Federal form 4506 and New York State form 4506 requesting Federal and State tax information is acceptable if the Federal and State governments acknowledge that the party in question has in fact filed a tax return from the address noted,
d. A valid New York State driver’s license or a “non-driver license” issued by the New York State Department of Motor Vehicles with the student’s name, showing the date of issuance at least one year prior to the first day of classes,
e. IDNYC New York City municipal identification card, showing the date of issuance at least one year prior to the first day of classes,
f. Homeowner’s or renter’s insurance policy with the student’s name listed as insured,
g. Automobile registration with the student’s name listed,
h. Automobile insurance certificate with the student’s name listed as insured,
i. Voter registration certificate or card with the student’s name,
j. Bills for telephone, utility, cable TV or other home services, in the student’s name, or other evidence of telephone, utility, cable TV or other home services provided to the student covering a period of 12 months,
k. Monthly bank or credit card statements, with the student’s name, covering a period of 12 months (dollar amounts may be blocked out),
l. Attendance as a juror in New York State with the student’s name,
m. Housing lease signed by the landlord (who is an individual and is not a public or private agency) and the student. If the student’s name does not appear on the lease, the “Alternate Lease Statement” may be substituted. The “Alternate Lease Statement” must be completed and notarized by both the person whose name appears on the lease/contract and the student. The person whose name appears on the lease/contract must also submit proof (i.e., lease, telephone, utility, or similar type bills) of residency at his/her current address for the previous 12 months,
n. Postmarked mail addressed to a student at a New York address at least 12 months immediately preceding the first day of classes (a P.O Box is not acceptable)
In addition to the items indicated above, the college may at its discretion consider additional documentation from a student if it believes that an accurate residency determination may be rendered through the additional documentation.
Students Under The Age Of 18
If the student has a legal guardian other than his/her parents, or his/her parents are separated or divorced, a copy of the legal guardianship papers or court order indicating legal custodianship must be submitted.
Intent To Continue Residing In The City, State And County
Assessing one’s intent to permanently reside in New York is a difficult task. In each case, the totality of circumstances will be reviewed. It must be stressed that the burden of proof as to a change of domicile rests with the student asserting it. Where the evidence is equal on both sides of the issue, the determination of domicile should be made in favor of the prior domicile, inasmuch as there is a presumption that an established (prior) domicile continues.
Appeal Process
Time Frame for College Review
The colleges should make every effort to complete all residency determinations by the first day of classes. If a student has submitted the required documentation and a decision has not been made by the college by the first day of classes, the college should defer the difference between in-state and out-of-state tuition until the determination is made. If resident tuition is denied and the student subsequently files an appeal under the procedures described further below, the student is responsible for paying out-of-state tuition while the appeal is pending.
The colleges will not review any residency determination unless the request for the review is made in writing, and all required documentation is submitted on or before the last day of finals in the semester for which resident tuition is being sought. The colleges will not make residency determinations retroactively and will not issue refunds to students even in cases where they would have qualified for the resident rate if they had submitted timely documentation.
The colleges should inform students of their determinations in writing.
Appeal Process
Any student who receives a negative residency determination must, at the same time, receive a copy of the University’s appeal procedures. If the student believes that he/she meets requirements for resident tuition, he or she may appeal by notifying the Registrar’s Office (or other designated college appeal office) within ten days of notification that he/she has been determined to be a non-resident. At that time, the student must submit a statement to the Registrar (or other designated official) indicating why he/she disagrees with the college’s decision.
Upon submission of an appeal, the student will be provided with a copy, stamped “received” and dated, or some other dated proof of the college’s receipt of the appeal. The Registrar (or other designated official) will submit the City University Residency Form, copies of all documentation provided by the student and any statement made by the student, along with the college’s determination and the reasons for the College’s determination, to the University’s Office of the Vice Chancellor for Legal Affairs and General Counsel, which will make a final determination regarding the student’s residency status.
IV. RESIDENCY – The City University of New York