Residency Disputes – Protecting Your Right to Education and Housing

Your Residency Status Shouldn’t Determine Your Access to Education or Housing

Residency disputes can have serious consequences, affecting a student’s ability to attend school, a tenant’s right to stay in their home, or an individual’s access to state benefits and services. These disputes often arise when schools, landlords, or government agencies challenge a person’s legal right to reside in a particular jurisdiction. If a student is accused of living outside their school district, they may be denied enrollment or charged out-of-district tuition. Tenants may face eviction threats based on allegations that they are not lawful residents of a rental property. In other cases, a person’s residency status may impact voting rights, in-state tuition eligibility, or government benefits.

At Ratliff Jackson LLP, we assist students, parents, tenants, property owners, and individuals facing government residency challenges. Whether you are fighting a wrongful school district residency determination, defending against an unlawful eviction, or disputing a government residency claim, we provide experienced legal representation to ensure that your rights are protected.

Common Residency Disputes We Handle

School Residency Challenges

Public school residency disputes occur when a school district claims a student does not live within its boundaries and therefore cannot attend its schools without paying tuition. These disputes can result in:

• Denial of enrollment – Schools may refuse to register a student if they suspect the student lives outside the district.
• Tuition assessments – Families may receive a bill for out-of-district tuition, often totaling thousands of dollars.
• School removals – A student who has already been attending a school may be forced to withdraw after a residency investigation.
• Homeless student disputes – Under the McKinney-Vento Act, homeless students have the right to continue attending their school of origin, but districts sometimes refuse to honor this right.

These disputes often involve invasive investigations, including surveillance, home visits, and demands for excessive documentation. If a school district questions your residency, you have the right to present evidence and challenge their determination.

Housing & Tenant Residency Disputes

Landlords may attempt to evict tenants or deny lease renewals based on allegations of unauthorized residency. Some common scenarios include:

• Eviction threats due to disputed legal residency – A landlord may claim that a tenant is not a lawful resident of the property and attempt to remove them without following proper legal procedures.
• Lease violations based on alleged unauthorized occupants – If a tenant has a family member or roommate living in the unit, a landlord may argue this violates the lease agreement.
• Post-lease residency disputes – A tenant may have a legal right to remain in a rental unit even after a lease expires, depending on state laws and rental agreements.
• Retaliatory eviction claims – In some cases, landlords fabricate residency disputes to force out tenants who have exercised their legal rights, such as requesting repairs or reporting unsafe conditions.

Landlords must follow legal eviction procedures and cannot simply force a tenant to leave based on their own claims of residency violations. If you are facing an eviction or lease dispute over residency, legal action may be necessary to protect your rights.

Government & Municipal Residency Disputes

Residency disputes extend beyond schools and housing—they can also impact a person’s ability to vote, receive benefits, or qualify for in-state tuition at a public college. Common government-related residency challenges include:

• Voter registration disputes – If election officials challenge a voter’s residency, they may be denied the right to vote or forced to provide additional proof of address.
• College tuition residency disputes – Public universities charge higher tuition for out-of-state students, and a residency dispute may result in thousands of dollars in extra costs.
• Denial of state benefits – Certain government programs, including Medicaid, unemployment benefits, and tax exemptions, require proof of residency. If the government believes a person does not meet residency requirements, they may deny or revoke benefits.
• Driver’s license and vehicle registration issues – Some states impose residency requirements for driver’s licenses and vehicle registration, which can lead to fines or legal penalties if violated.

If a government agency questions your residency, it is crucial to understand your legal rights and provide the appropriate documentation to dispute their claims.

How Residency Disputes Are Investigated

Residency disputes often involve aggressive investigations by schools, landlords, and government agencies. These investigations may include:

• Home visits or unannounced inspections – Some school districts and housing authorities conduct in-person visits to verify a person’s residency.
• Surveillance and private investigators – In extreme cases, school districts and landlords have hired private investigators to monitor individuals’ living arrangements.
• Utility and lease record checks – Officials may request utility bills, lease agreements, or tax documents to verify residency.
• Witness interviews – Schools and government agencies may question neighbors, landlords, or employers to confirm residency claims.

If you are under investigation for a residency dispute, it is important to seek legal counsel immediately. The wrong response could jeopardize your ability to attend school, remain in your home, or access benefits.

Who We Represent

At Ratliff Jackson LLP, we advocate for:

• Families fighting school district residency denials or wrongful tuition assessments
• Tenants and property owners facing unlawful eviction or residency challenges
• College students seeking in-state tuition eligibility
• Voters challenging unlawful residency-related voting restrictions
• Individuals disputing government residency determinations for benefits and licensing

Frequently Asked Questions: Residency Disputes

Can a public school remove my child for living out of district?

A school district must follow due process before removing a student based on residency claims. If you receive a notice of residency investigation, you have the right to present evidence and appeal the decision.

What are my rights if my landlord claims I’m not a legal resident of my rental?

Your landlord cannot forcibly remove you without following legal eviction procedures. If you are on the lease or have established residency, you may be protected under tenant laws, even if your landlord disputes your status.

Can I fight a residency determination for college tuition?

Yes. If a college classifies you as an out-of-state resident for tuition purposes despite clear evidence of state residency, you may have legal grounds to appeal.

How can I prove residency for legal purposes?

Documents such as utility bills, lease agreements, tax returns, and official identification can be used to establish residency. If your residency is challenged, gathering strong documentation is essential to support your case.

Residency Disputes Require Skilled Legal Advocacy – We’re Here to Help

If your right to attend a school, remain in a home, or receive benefits is being challenged based on residency claims, legal action may be necessary. At Ratliff Jackson LLP, we provide experienced representation to ensure that schools, landlords, and government agencies comply with the law and respect your rights.

Contact Ratliff Jackson LLP today to discuss your residency dispute.