Establishing New York State Residency Status for Tuition Billing Purposes

New York State Residency Guidelines for Tuition Determination

An individual's domicile is that place where one maintains a permanent home and to which one intends to return. A residence hall is generally not considered a permanent home, and additional documentation is required for exceptions.

The deadline for change of residency by matriculated students with appropriate documentation is one month prior to the registration date for your college for the next semester (you must file a change for residency status six weeks prior to the registration deadline that you wish to have the change in effect). The Application for continuing/returning students is available on-line and also in the Office of the Registrar.

Residency determination for in-state versus out-of-state tuition rates for entering students is made by filing a New York State Residency application through the Office of Student Admissions (for incoming students) and through the Office of the Registrar (for continuing students). Submit all documents together in one package.

A U.S. citizen or permanent resident of the U.S.A. whose domicile has been in New York State for a one-year period prior to registration pays in-state tuition rates. Persons who do not meet this one-year requirement are out-of-state residents and pay out of state tuition rates. In-state rates will be applied to members of the U.S. Armed Forces, while on full-time active duty in New York State. This classification is provided to the eligible individual only and not to the spouse or dependents of such person. Individuals who are not U.S. citizens or permanent residents of the U.S.A. must provide proof of immigration status before a residency determination can be made. Students on a temporary immigration status, aliens not lawfully present in the U.S.A. and students awaiting approval of an application for a change of immigration status are generally not eligible for New York State residency for tuition purposes. Each case will be considered individually, following the State University of New York’s “Administrative Policies on the Establishment of Residence for Tuition Purposes.”

Download the Application Form and Instructions

If the initial determination on residency is denied, the applicant or student can appeal the determination on residency to the Committee on New York State Residency by sending a letter or email to the Office of Student Affairs (BSB 1-112 or email studentaffairs@downstate.edu) with the reasons why you wish the full committee to reconsider the initial denial of determination. You do not need to submit additional documentation, unless you wish to, as the committee will re-review your initial request. The appeal will be reviewed by the full Committee on Residency Determination.

The term resident is defined as an individual whose domicile is in New York State. The following principles would assist the residency determination under this policy.

1. An individual's domicile is that place where one maintains a permanent home and to which one intends to return. (In general, a residence hall is not considered a permanent home address.)
2. One retains a given domicile until it is abandoned.
3. One does not acquire a new domicile simply by a presence in New York State for attendance at an institution of higher education. The act of living within the State’s boundaries is, in itself, an insufficient demonstration of residency. The student must demonstrate establishment of a domicile (permanent place of abode) in New York State. Living in New York State solely for the purpose of attending a college or other postsecondary institution does not, in itself, demonstrate that legal residence has been established.
4. The domicile of an unemancipated student is that of the parents or guardians. Evidence of emancipation must include the establishment of financial independence. Factors relevant to the determination of financial independence include, but are not limited to, the following:
   1. employment of student on a full or part-time basis.
   2. sources and extent of financial support by parents or guardian.
   3. sources and extent of other income.
   4. independent filing by student of Federal or State income tax return.
   5. parental claim of individual as dependent for exemption on Federal and State income tax return.
   6. residence with parents or guardian during summer or other academic term recess.
   7. status of student as financially independent for purposes of receipt of Federal and/or State financial assistance.
5. Proof of domicile is based upon an intention to make New York State a permanent home and the existence of facts tending to confirm such intention. Factors relevant to a determination of domicile include:
   1. residence of parents, spouse and children.
   2. place of voter registration.
   3. residence for personal income tax purposes.
   4. financial independence, business pursuits, employment and income sources.
   5. situs of motor vehicle and other personal property registration.
   6. situs of real and personal property.
   7. state issuing driver's license.

For more information about NYS Residency Tuition Policies, you may review the SUNY Guidelines.