11.5 Resident and Non-Resident Tuition Determinations

To qualify as a resident for tuition purposes under CUNY Guidelines, a student must have continuously resided in New York State for a qualifying period of 12 months prior to the first day of classes for the semester in which resident tuition is sought, and must show that he or she has established New York as his/her domicile, which means that the student has a bona fide intention of living in New York permanently.

CUNY Guidelines provide that students under 24 years of age are considered dependents, and the student’s residency is considered the same as that of his/her custodial parent(s). A student claiming independence from his/her parent(s) or legal guardian(s) residing out-of-state must present evidence of both financial independence and a legal residence in New York State, in order to be designated a New York State resident for tuition purposes. Under a policy effective beginning in the spring 2014 semester, a student under the age of 24 whose parent(s) or legal guardian(s) reside out of state, who otherwise meets CUNY’s residency requirements and is not financially dependent from his/her parents, is eligible for the resident tuition rate if the student can show that he/she has changed his/her domicile, i.e., the place that he/she has a bona fide intention of living permanently in New York. Such a showing must be made by clear and convincing evidence.

A student, including undocumented and out-of-status students, may also qualify for the resident rate of tuition, pursuant to New York State Education Law Section 6206(7)(a).

CUNY’s Resident Tuition rules are in the City University of New York Tuition and Fee Manual (Section IV, Parts I and II, pages 16-35). There is also an informational memo on the Law School website titled “New York State Residence Requirements and In-State Tuition under NYS Education Law.” A link to the University Tuition and Fee Manual “Residency” section is in the body of the informational memo.