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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.”

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.

Eligibility Requirements For New York State Tuition

Many parents and students are interested in understanding the requirements to qualify for the resident tuition rate at the State University of New York. The difference between the resident and nonresident tuition rates is significant. The requirements can be complex, so please read this entire brochure carefully and contact the campus if you have further questions. Contact Community Colleges directly for information about their tuition rates.

Eligibility Basics

At the State-operated campuses, students are generally considered New York State residents if they have established their domicile in NY State for at least twelve months prior to the last day of the registration period of a particular term.

1. Generally, individuals who have maintained their domicile in New York for a period of less than twelve months prior to the end of registration are presumed to be out-of-state residents and are not eligible for the resident tuition rate.
2. Individuals who are financially dependent and whose custodial parent(s) lives in a state other than New York are generally not eligible for the resident
3. tuition rate.
4. Individuals do not meet the twelvemonth residency requirement if domiciled in New York State primarily to attend
   college.
5. Dependent students of divorced or legally separated parents may acquire a NY State domicile if the custodial parent is a NY State resident or if the student resides with a non-custodial parent who is a NY State resident and the student intends to continue to reside with that parent throughout their attendance at SUNY. DETERMINATION OF DOMICILE To determine a student’s domicile, campuses use the following principles:
6. A person may have multiple residences but only one domicile.
7. A person retains a domicile until it is abandoned.
8. Physical presence alone does not establish domicile or residency.

Proof Of Domicile

Campuses rely on documents and circumstances such as the following to determine if an individual’s domicile is in New York State. For financially dependent students, the campus relies on documents relating to parents or legal guardian.

1. Duration of physical presence in NY.

2. State of residency of the student’s
   family.
3. NY State voter registration.
4. NY State driver’s license.
5. NY State motor vehicle registration.
6. NY State real property ownership.
7. NY State residential rental lease.
8. NY State income tax returns.
   Questions about resident and non-resident
   tuition rates should be directed to the
   Student Accounts Office at each SUNY
   campus. DOMICILE
   RULE
   EXCEPTIONS:
   MILITARY
   STAFF AND
   OTHERS
9. Members of the U.S. Armed Forces
   while on full-time active duty and stationed
   within New York State, as well as their
   dependents, are eligible for the resident
   tuition rate.
10. Dependents of full-time active duty
    personnel who are stationed outside NY
    State qualify for resident tuition if the
    service member’s ‘Home of Record” is
    New York.
11. Civilian employees of the military are
    not included in these exceptions to the
    domicile requirements.
12. Certain non-residents who have
    graduated from a NY high school may be
    eligible for resident tuition. See Campus.

Applying for Residency  

If you fall into one of the two high school categories above, please complete the Express Application for New York State Residency for Tuition Billing Purposes. Include a copy of your official/final high school transcript showing the award of your degree, or a copy of your official GED along with documentation of the preparation program attended, with your application. 

Otherwise, please complete the Application for New York State Residency for Tuition Billing Purposes.  

Please submit completed applications and all supporting documentation online, using the forms linked above. You will receive a confirmation email upon submission.

If you have questions, please email residency@albany.edu.

Submission Deadlines

• Fall Semester: October 1 
• Winter Term: January 2 
• Spring Semester: March 1 
• Summer Terms: July 1 

Students billed at an out-of-state rate remain responsible for paying that rate until they have demonstrated through the application process that they are eligible for the in-state rate. 

Student Accounts reviews applications in the order they are received. Please note that incomplete applications will result in a delay and application reviews take longer during high volume times (near deadlines and at the beginning of semesters or terms). 

Once your application is reviewed, you will receive a Notice of Determination via email or an email requesting additional documentation. 
 

Appeals 

Students must appeal the determination of their residency application in writing within 30 days of the Notice of Determination’s issue date, if the determination was a denial. 

If a student’s application is denied, they will receive an email with instructions on how to appeal the determination, if they so choose.

Statements of appeal should clearly explain the reasons the student believes the determination was incorrect. Any additional documentation believed to further support the appeal should also be submitted. 

When Student Accounts receives a request for appeal, the entire residency application and appeal materials are sent to the Chair of the Residency Appeals Board.  

The Appeals Board will review the application and send a Notice of Determination directly to the student. All decisions by the Board are final. 

New York State Residency

Students applying for in-state tuition must have resided in New York State, with the intent to stay, for at least one year prior to the first day of class for the semester in which they are applying for a determination. Students must submit proper documentation along with the CUNY Residency Application (pdf). You are responsible for the payment of any and all out-of-state tuition by the tuition due date on your bill until your request for New York State residency status has been reviewed and a decision has been made in your favor. If a determination is made in your favor at a later date, you may be eligible for a tuition refund.

• Eligible Visa Holders and Qualifying Immigration Statuses (pdf)
• Alternate Lease Statement (pdf)

Nonresidents of New York State and Out-of-Status (Undocumented) Students

Nonresidents of New York State and out-of-status (undocumented) students who attended a New York State high school for at least two years and graduated, or obtained a New York State GED diploma, may apply for in-state tuition if they apply to CUNY within five years of receiving their diploma.

• Affidavit Form (pdf)
• Nonresidents of New York State and Out-of-Status (Undocumented) Students Establishing Residency for In-State Tuition (pdf)

Appeal Process

If you believe that you meet requirements for in-state tuition, you may appeal by notifying the Registrar’s Office (or other designated college appeal office) within 10 days of notification that you have been determined to be a nonresident. At that time, you must submit a statement to the registrar (or other designated official) indicating why you disagree with the college’s decision.

• Appeal Process (pdf)