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Verifying New York State Residency

Establishing New York State Residency

In general, to qualify for the NYS resident tuition rate based on residence in the State of New York, a student must:

  • Be a U.S. citizen, permanent resident or in a qualifying immigration status (see section below regarding qualifying immigration statuses); AND
  • Have continuously maintained his/her principal place of abode in the State of New York for a period of at least twelve (12) consecutive months immediately preceding the first day of classes; AND
  • Have a bona fide intention of living in New York permanently.

For more detailed information on City University of New York regulations regarding establishing New York State residency, please Download the Tuition and Fee Manual July 2015.


Students Are Expected to be Aware of Their Tuition Status and the Applicable Resident Tuition Rules.

Students are expected to be aware of the requirements necessary to qualify for State residency which are set forth on the Baruch College web site as well as The City University of New 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 when they received their tuition bill.

Forms:

Residency Form (pdf)

How to complete the residency form - revised September 2013 (pdf)

Required Documentation Which Must Accompany the Residency Form

The student must submit copies of required forms of proof of residency (originals will not be accepted) from the items "a" through "q" indicated below.

You must submit one item from "a" through "d":


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 (Dates must cover the year in question). Students not having a lease in their own name, may have the leaseholder fill out the ALTERNATE LEASE STATEMENT and have it notarized.

b. Copies of the most recent complete Federal (1040) or New York State (IT-201) tax returns with the preprinted address label and the corresponding W-2 form.

c. Budget/Benefit letter from 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.

d. Benefits letter from Social Security with the student’s New York address covering the 12-month period immediately preceding the first day of semester and including the student’s name (only for students receiving Social Security benefits).

Or two items from "e" through "q":


Note: All items must document proof of residency for the 12 month period immediately preceding the first day of classes. Documents covering the first and last months of the previous 12 month period are acceptable provided that they show the student living at the same address.

e. Copies of the most recent complete Federal (1040) or New York State (IT-201) tax returns without the preprinted address label 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 form the address noted.

f. A valid New York State driver’s license showing the date of issuance prior to the first day of classes.

g. Homeowner’s or renter’s insurance policy.

h. Automobile registration.

i. Automobile insurance certificate.

j. New York State “non license” which is issued to non-drivers (for identification purposes) by the Department of Motor Vehicles or other official City State or Federal agencies.

k. Voter registration certificate or card.

l. Telephone or utility bills or payments for services covering a period of up to 12 months showing the student’s address.

m. Monthly bank or credit card statements covering a period of 12 months showing the student’s address (dollar amounts may be blocked out).

n. Armed Forces identification card DD Form 2A (green).

o. Attendance as a juror in New York State.

p. Apartment 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 signed by the landlord and/or Deed) of residency at his/her current address for the previous 12 months.

q. Postmarked mail addressed to a student at a New York address more than twelve 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.

Deadline for Submitting Forms

All residency documentation must be submitted prior to the last day of the semester. No Residency form will be accepted after the end of the semester for which the student is applying for a determination.

Deferring the out-of-state portion of your tuition

If you have submitted the CUNY Residency Form and the required documentation, you may request a temporary deferment of the out-of-state portion of your tuition while your residency form is being processed. Please keep the following in mind before requesting a deferment:

  • You have submitted the CUNY residency form but have incomplete documentation.
  • You understand that if you do not submit additional residency documents, you will be liable for the remainder of the out of state tuition.
  • The Bursar office will place a stop on your record 30 days after the first day of classes if you have an outstanding balance.
  • You have until the last day of the semester to submit additional documents. No documents will be accepted after that date.
Students Who Are Required to Establish New York State Residency

  • Students whose last high school or college was outside the State of New York.
  • For dependent students, both of the student’s parents or legal guardians live outside the State of New York.
  • Records indicate the student has lived in New York State for less than twelve months preceding the first day of classes.
  • The last residency determination for the student was that of a non-resident. A non-resident student does not automatically qualify for New York State tuition rates because he/she has been attending a New York College for the previous twelve months.
  • A college official determines there is reason to believe that the student may not be a resident of New York State. Students who have never before attended the City University of New York are required to establish they are New York State residents if they wish to pay New York State Tuition Rates.

 

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.

Students Under the Age of 24

Generally, a dependent student's state of residency is considered the same as that of his or her custodial parent(s) or legal guardian(s). Students under the age of 24 who are dependent on parents who live in New York State may submit the parent’s prior year’s federal tax return listing the student as a dependent plus one additional document from the list which can also be in the parent’s name.

Students whose are supported by out-of-state parents or legal guardians must present evidence that he or she meets CUNY’s residency requirements set forth in above, AND EITHER

(a) that he/she is financially independent from his/her parents. Proof of financial independence must be documented. Factors taken into account in determining financial independence include, but are not limited to: whether the student is taken as a dependent on parents' federal and state income tax returns; whether the student is employed and the amount the student earned relative to expenses; the extent of financial support received by the student from parents or guardians; and other sources of student income OR

(b) that he/she, despite being dependent on out-of-state parents(s) or legal guardian(s), has changed his/her domicile, i.e. the place that he/she has a bona fide intention of living permanently, to New York State. Such a showing must be made by clear and convincing evidence. Students who claim that New York is their domicile are expected to have a New York State driver’s license or New York State issued identification card dated a minimum of twelve (12) months prior to the start of the semester. In addition, a student is expected to submit documentary evidence indicating he/she has changed his/her domicile to New York, such as the following:

  1. Evidence that the student has filed a New York State resident income tax return for the previous calendar year;
  2. Evidence that the student resided in the State of New York for a significant period of time for other-than-educational purposes prior to attending CUNY;
  3. Evidence that the student resides in property owned by the student or his/her parent(s) or legal guardian(s) in the State of New York;
  4. Evidence showing that the student uses his/her New York address as his/her sole address of record for all purposes including on health and auto insurance records, bank accounts, tax records, loan and scholarship records, school records, military records, leases and similar kinds of documents.
Qualifying Immigration Statuses

  1. Permanent Residents (Resident Aliens, Green Card holders).
  2. Certain Visa Holders:

    A             Ambassador, diplomats and certain other foreign officials and their families
    E              Treaty trader/Treaty investor, spouse, and children
    G             Certain government or international organization officials and their families
    H-1B      Temporary worker in specialty occupation
    H-1C     Temporary worker performing professional nursing services
    H-4        Spouse or children of alien classified as H-1B or H-1C
    I              Representatives of foreign information media and their spouse and children
    K            Fiancé(e) or Spouse of a U.S. citizen and dependent children
    L             Intra-company transferee (such as managers who have worked abroad for a branch of a U.S. firm) and their spouse and children
    N            Parents and children of certain officers and employees of international organizations who were in turn granted permanent residency as special immigrants
    O            Aliens who possess extraordinary ability in the sciences, arts, education, Business or athletics, motion pictures or television
    R            Religious workers and their spouse and children
    S             Crime witnesses and their spouse and children
    T             Victims of severe forms of human trafficking
    U            Victims of serious crimes
    V            Certain spouses and children of lawful permanent residents who have a relative petition filed on their behalf before December 21, 2000 which has been pending for at least three (3) years

  3. Asylees, Refugees, Students Granted Withholding of Deportation or Removal.
  4. Adjustment of Status Applications Pending.
  5. Students who have applied or have been granted Temporary Protected Status.
  6. Deferred Enforced Departure (DED) or Deferred Action or Deferred Action for Childhood Arrivals (DACA).
  7. “Late Amnesty” applicants.
  8. NACARA applicants.
  9. Cuban Parolees.
  10. Other types of Parolees.
Other Categories of Students Who Qualify for the NYS resident Tuition Rate

  1. Military Personnel (and their families) and Veterans.
  2. United Nations Personnel.
  3. Exchange Students.
  4. Children of Staff and Employees of the City of New York.
Qualifying for the Resident Tuition Rate Based on Having Attended and Graduated from a New York High School or Having Received a GED in the State of New York, including Undocumented and Out-of-State Immigrants

Pursuant to Section 6206 (7)(a) of the New York State Education Law, students who are not residents of the State of New York, other than those in lawful non-immigration statuses, qualify for the resident tuition rate if one of the following conditions are met:

  • The student has attended an approved New York high school for two or more years, graduated, and applied to attend CUNY within five years of receiving the New York State diploma.
  • The student has attended an approved New York State Program for General Equivalency Diploma (GED) exam preparation, received the GED issued within New York State, and applied to attend CUNY within five years of receiving the New York State GED.
  • The student was enrolled in CUNY in the Fall 2001 semester or quarter and was authorized by CUNY to pay tuition at the resident rate. Thus, a student who attended CUNY in the Fall 2001 semester and paid the resident rate does not have to satisfy either condition 1 or 2 above.

To reiterate, a student meeting one of the three conditions set forth above does not need to prove residence in New York State in accordance with Sections above. The student can be a resident of another state, such as Connecticut or New Jersey, or can be an undocumented or out-of-status immigrant. However, students who meet one of these criteria but do not have lawful immigration status must file an affidavit (i.e., a notarized statement) with CUNY stating that they have filed an application to legalize their immigration status or will file such an application as soon as they are eligible to do so. See Part B of CUNY Residency Form discussed below in Part II.

Any student who is eligible for resident tuition because he/she satisfies one of the three conditions above will remain eligible for that rate even if the student leaves and returns more than five years later or receives a degree and is returning for a second degree.

Any student who has been admitted to and is attending CUNY, who subsequently receives his GED, does not qualify for the resident rate under the conditions stated above. CUNY does not recognize a New York State GED from any student who has already received a high school diploma or its equivalent from elsewhere.

Please note that New York State High School graduates who are on valid F (foreign student)visas are NOT eligible to pay at the New York State rate.

Immigration statuses which do not qualify for NYS resident tuition rates

The following visa categories of non-immigrant aliens do not qualify for the resident rate of tuition:

B           Temporary visitors for business or pleasure
C           Visitors in transit
D           Crewmen
F            Academic students
H-2        Temporary workers performing special services
H-3        Trainees
H-4        Families of H-2 and H-3 visa holders (Note: H-4 family of an H-1B or H-1C are eligible)
J            Exchange visitor (student, scholar, professor)
M           Vocational students
P            Athletes, group entertainers, reciprocal exchange programs
Q           Participant in international cultural exchange programs
TN         Temporary workers under NAFTA Trade Agreement

Intent To Continue Residing In The City, State And Country

Assessing one's intent to permanently reside in New York is a difficult task. In each case, whether the student is an immigrant alien (with the exception of permanent resident or resident alien), non-immigrant alien or U.S citizen from out-of-state, the totality of circumstances will be reviewed. The college may view intent in terms of a student's professed intention to permanently remain in New York, as well as his/her intention not to return to his/her prior domicile. 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 formerly established domicile, in as much as there is a presumption that an established domicile continues.

Appeal Process

Baruch College does not review any residency determination unless the request is 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. Baruch College 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.

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 in-state tuition, he or she may appeal by notifying the Office of Undergraduate Admissions 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 Office of Undergraduate Admissions indicating why he/she disagrees with the college's decision.

Upon submission of an appeal, the student will be sent an acknowledgement letter. The Office of Undergraduate Admissions 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.