PART II – PROCEDURES TO BE USED IN MAKING DETERMINATIONS OF ELIGIBILITY FOR RESIDENT TUITION STATUS
The City University Residency Form
In all cases where a determination needs to be made as to whether a student is eligible for resident tuition, the student must complete The City University Residency Form. Part A of the Form needs to be completed by all students; Part B of the Form needs to be completed by undocumented or out-of-status students who are seeking resident tuition based on high school attendance/graduation or having received a GED or TASC in New York; and Part C needs to be completed by students who are seeking to be classified as New York State (or New York City) residents. Once the student has completed the CUNY Residency Form and submitted all required documentation, residency shall be determined based upon information submitted by the student.
The CUNY Residency Form and any other forms referred to in this section are the only forms that have been approved for the purpose of documenting a student’s residency status. No other forms may be used by the colleges without the prior approval of the Office of the General Counsel. Any changes to residency requirements will be formally communicated to the colleges through memoranda issued by any of the following offices: Budget and Finance, General Counsel, and Enrollment Management.
Circumstances Requiring Review of Residency Status
Colleges are only required to review the residencies of students flagged by UAPC as questionable, or where the college admits a student without prior UAPC review. However, a college’s registrar, admissions officer or either of their designees may, upon review of a student’s admissions application or other available data, determine that a student who has not been flagged does not qualify for the University’s resident tuition rate. If any of the conditions below exist, the student’s residency is otherwise questionable, or a student requests that the College review the residency determination, the student must complete The City University Residency Form and a determination will be made as to whether the student is qualified for the resident rate:
- The student’s records indicate that the last high school or college attended was outside the City (community colleges only) or State of New York (except if the student’s transcript from the out-of-state institution indicates a New York City/State address or the student has maintained the same address as in high school); or
- For dependent students, both of the student’s parents, or legal guardians reside outside the City (community colleges only) or State of New York; or
- Records relating to the student (either community or senior college) indicate that he/she has lived at a State of New York address for less than twelve months preceding the first day of classes or for community college students residing at a City of New York address for less than six months; or
- The last residency determination which had been made with respect to the student resulted in his/her classification as a non-resident (a non-resident student does not qualify automatically as a resident student simply because he/she has been attending a New York college for the previous twelve months); or
- A college official determines that there is reason to believe that the student may not be a resident of the State or City of New York; or
- The student is not a U.S. citizen or a permanent resident (resident alien).
Students Are Expected to be Aware of Their Tuition Status and the Applicable Resident Tuition Rules.
Students requesting resident status for tuition purposes are expected to be aware of the requirements necessary to qualify for State residency (for both senior and community college students) and City residency (for community college students) set forth in Part I of this Residency section of the Tuition and Fee Manual. Students are also expected to be aware of the resident and non-resident tuition rates, which are available on the CUNY web site, among other places, so that they know if they are being charged the correct tuition rate and quickly address any residency issues.
Guidelines for Completing Part C of the City University Residency Form
The procedures described herein must be followed when completing The City University Residency Form (Part C). Required forms of proof and other relevant documentation must accompany this form so an accurate residency determination may be rendered. The “intent to remain a resident” portion of the form must be completed prior to a residency determination. Under no circumstances will this form be considered unless all applicable questions have been answered.
- 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.
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.
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.