An Affidavit of Residency is a sworn legal document in which an affiant declares under penalty of perjury that an individual resides at a specific address. This affidavit is used as proof of residence when standard documentation -- such as utility bills, lease agreements, or mortgage statements -- is unavailable or insufficient. The document establishes where a person lives for purposes of school enrollment, voter registration, tax jurisdiction, government benefits, and various legal proceedings.

Residency requirements in the United States are governed by a patchwork of federal, state, and local laws. For school enrollment, the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301) and state education codes establish residency requirements for public school attendance. For voter registration, the National Voter Registration Act (NVRA, 52 U.S.C. 20501) and state election codes define residency standards. For tax purposes, state revenue codes determine residency based on physical presence tests, domicile intent, and other factors.

The Affidavit of Residency is distinct from an Affidavit of Domicile: residency refers to where a person currently lives, while domicile refers to a person's permanent legal home. An individual can change residences frequently but retains a single domicile. The affidavit addresses the factual question of current habitation rather than the legal question of permanent home.

An Affidavit of Residency is most frequently required for public school enrollment. Under the McKinney-Vento Act and state education codes, children must attend school in the district where they reside. When a family lives with relatives or friends and has no lease or utility bills in their name, an Affidavit of Residency from the homeowner or leaseholder confirms the child's residency in the district.

Voter registration often requires proof of residency, particularly for first-time voters and those who have recently moved. State election offices accept an Affidavit of Residency when the applicant cannot provide a utility bill, bank statement, or government correspondence at the current address.

State colleges and universities use residency affidavits to determine eligibility for in-state tuition rates. The difference between in-state and out-of-state tuition can be tens of thousands of dollars per year, so residency documentation is scrutinized carefully. Most states require 12 months of continuous residence and the intent to remain permanently.

Government benefit applications -- including Medicaid, SNAP (food stamps), and housing assistance -- require proof of residency. Individuals who are homeless, living in transitional housing, or staying with family members may use an Affidavit of Residency to meet this requirement.

Without proof of residency, individuals may be denied school enrollment for their children, voter registration, in-state tuition, government benefits, and various licenses and permits.

The affiant's full legal name, address, and relationship to the person whose residency is being confirmed must be clearly stated. The affiant is typically the homeowner or leaseholder at the address who can confirm that the individual resides there. The affiant must have personal, firsthand knowledge of the living arrangement.

The full legal name and date of birth of the person whose residency is being established must be included, along with the complete residential address (street address, apartment number, city, state, and ZIP code). The duration of residency at the current address -- the start date and whether the person is currently residing there -- is essential.

A statement describing the nature of the living arrangement (renting a room, staying with a family member, shared household) provides context. If the individual is not on the lease or mortgage, the affiant should explain the arrangement and confirm that the person resides at the address with the affiant's knowledge and permission.

For school enrollment, additional information may be required, such as the names and ages of all school-age children residing at the address. For voter registration, the affiant may need to confirm that the individual intends to remain at the address. For tuition residency, evidence of intent to remain (such as employment in the state, vehicle registration, and voter registration) strengthens the affidavit.

The affidavit must be signed under penalty of perjury and notarized. Many school districts and government agencies have their own specific residency affidavit forms that must be used, so the general affidavit may need to be supplemented with the jurisdiction's required form. Supporting documentation -- such as a copy of the affiant's lease, mortgage statement, or utility bill showing the address -- is typically required as an attachment.