How Do I Become a New York State Resident?

For the purposes of New York vehicle and traffic laws and driver licensing, any person who maintains a residence in the state for 90 days is considered a resident. Educational institutions have different requirements for tuition purposes.

Upon moving to New York, every new resident must obtain a New York identification card or driver’s license within 30 days. Section 250(5) of the New York State Vehicle and Traffic Law states that anyone establishing a residence in New York is considered a resident, and presumptive evidence for establishing a residence includes renting an apartment, home, room or any other residence for 90 days or longer. For other legal purposes in the court system, a judge may consider evidence such as paying taxes or attending school elsewhere, despite a person establishing a residence in New York.

Universities and colleges, on the other hand, typically require the establishment of residency in the state for a year for the purpose of in-state tuition. Although requirements may vary from institution to institution, major universities such as the University of Albany and SUNY require 12-month residencies for in-state tuition. If the student is not emancipated, meaning he or she is financially dependent upon his or her parents, the residency must be established by the parents.