Affidavit of Residency
Name: [Affiant’s name]
Address: [Address], [City], [State] [ZIP Code]
Date: [Date of signing]
To whom this may concern,
I, [Affiant’s name](hereinafter the "Affiant"), formally acknowledge living at [Address], [City], [State] [ZIP Code], since [Start date].
The following documents for your consideration have been attached as evidence of my residency:
[Evidence documents]
Type of affidavit: [Type Affidavit Need]. The purpose of this Letter is to confirm the Affiant’s place of residence.
I swear and affirm, under penalty of perjury, that the information and facts set forth in this statement are true and accurate to the best of my knowledge.
Sincerely,
[Affiant’s name]
Notary Acknowledgment
Sworn to and subscribed before me on ____________________________
____________________________
Place for signature
____________________________
Notary public’s name and seal
Party 1
________________
Signature
Date: ________________
Party 2
________________
Signature
Date: ________________
What Is a Affidavit of Residency?
An Affidavit of Residency in the United States sets out facts attested under oath, giving them evidentiary weight in legal and administrative 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.
When Do You Need a Affidavit of Residency?
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.
What to Include in Your Affidavit of Residency
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.
Sources & Citations
Statutory citations link to official government sources.
- 42 U.S.C. 11301US – Cornell LII
- 52 U.S.C. 20501US – Cornell LII
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Affidavit of Residency (United States) [Legal document template]. Forms Legal. https://forms-legal.com/usa/government/declarations/affidavit-residency
"Affidavit of Residency (United States)." Forms Legal, 2026, https://forms-legal.com/usa/government/declarations/affidavit-residency.
@misc{formslegal-affidavit-residency,
author = {{Forms Legal}},
title = {Affidavit of Residency (United States)},
year = {2026},
howpublished = {\url{https://forms-legal.com/usa/government/declarations/affidavit-residency}},
note = {Free legal document template. Based on 28 U.S.C. §1746}
}Also available for these jurisdictions:
Frequently Asked Questions
An Affidavit of Residency is a sworn statement establishing where a person legally resides, required when documentary proof of address is unavailable or when an institution demands additional confirmation of residence. School districts frequently require the affidavit for student enrollment to confirm a child lives within district boundaries, and colleges use it to determine in-state tuition eligibility. The document is also used for DMV transactions, voter registration, government benefit applications, and immigration matters. The affiant, who may be the resident or a person providing housing such as a relative or landlord, swears under penalty of perjury before a notary public that the named individual resides at a stated address. Because residency rules carry real consequences, including tuition rates and school assignment, agencies treat the affidavit as evidence subject to verification, and a false statement can lead to loss of benefits and perjury charges.
An Affidavit of Residency can be signed by the resident, or by a third party who provides housing or has direct knowledge of the living arrangement, such as a parent, relative, landlord, or homeowner with whom the person lives. When a family lives with relatives, the homeowner often signs to confirm that the resident genuinely lives at the address, and some institutions require both the homeowner and the resident to sign separate affidavits. The affiant must have personal knowledge of the residency and sign under penalty of perjury before a notary public, who verifies identity and administers the oath. School districts and colleges may also request supporting documents alongside the affidavit, such as utility bills or a lease. Because the affidavit determines outcomes like school placement or in-state tuition, the signer should confirm the living arrangement is genuine before swearing to it.
An Affidavit of Residency is most persuasive when accompanied by supporting documents that independently show the stated address, such as a utility bill, lease or mortgage statement, bank statement, voter registration card, or government correspondence. Institutions requesting the affidavit, including school districts and colleges, frequently publish a list of acceptable secondary proofs and may require two or more dated within a recent period. When a person lives with a relative or landlord rather than holding utilities in their own name, the homeowner's affidavit and supporting bills bridge the gap. The affiant swears under penalty of perjury before a notary public that the residency is genuine. Because each agency sets its own evidentiary standard, the resident should confirm exactly which documents the recipient accepts and how recent they must be, since an affidavit unsupported by any corroborating proof is more likely to face scrutiny.
An Affidavit of Residency must be notarized to be accepted as a sworn statement, because notarization administers the oath and authenticates the signature. The notary public verifies the affiant's identity with photo identification, witnesses the signing, confirms the oath, and completes a jurat with a seal. Without notarization, the document is an unsworn statement that schools, colleges, DMVs, and benefit agencies often reject. Some institutions supply their own residency affidavit form that must be used and may specify whether one or two affiants are required. Because the affidavit is made under penalty of perjury and can determine school assignment or in-state tuition, the affiant should ensure the address and living arrangement are accurate before signing. Requirements vary by state and institution, so confirming the expected format and any accompanying documentation in advance helps prevent rejection of an enrollment or benefit application.
A false Affidavit of Residency carries serious consequences because it is a sworn statement made under penalty of perjury, and the misstatement often aims to obtain a benefit the person is not entitled to. Falsely claiming residence to enroll a child in a desired school district can lead to the student's removal, demands for repayment of education costs, and in some states criminal charges; misrepresenting residence for in-state tuition can result in reclassification, back-billing at the higher out-of-state rate, and academic discipline. Perjury exposure under state law adds potential fines and, in serious cases, jail time. Because districts and colleges actively investigate suspected residency fraud and may use address verification services, the risk of detection is real. The affiant should confirm that the person genuinely lives at the stated address and that the living arrangement satisfies the institution's definition of residency before signing the affidavit.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Affidavit of Domicile
Create a professional Affidavit of Domicile with our free online generator. This sworn legal document establishes a person's permanent legal residence for tax, estate, and legal purposes. It is commonly required when settling an estate, transferring securities of a deceased person, or resolving tax jurisdiction questions. The affidavit includes the individual's full name, address of domicile, duration of residency, and the affiant's sworn statement confirming the domicile. Often required by transfer agents, brokers, and tax authorities. Fill out the interactive form, preview in real time, and download as PDF or Word. Includes notary section and electronic signature support. Valid in all US jurisdictions.
Affidavit of Identity
Create a professional Affidavit of Identity with our free online generator. This sworn legal document verifies a person's identity when official identification documents are unavailable, contain errors, or need supplemental confirmation. It is commonly used for name discrepancy issues, lost identification replacement, banking requirements, and government filings. The affidavit includes the individual's full legal name, date of birth, address, identifying details, and the affiant's sworn statement confirming the identity. Fill out the interactive form, preview in real time, and download as PDF or Word. Includes notary section and electronic signature support. Valid in all US jurisdictions.
Affidavit of Birth
Create a professional Affidavit of Birth with our free online generator. This sworn legal document provides a written declaration of facts regarding a person's birth, made under oath or affirmation. It is commonly used when an official birth certificate is unavailable, lost, or needs supplemental verification for passport applications, school enrollment, or immigration proceedings. The affidavit includes the child's full name, date and place of birth, parents' information, and the affiant's relationship to the individual. Fill out the interactive form, preview in real time, and download as PDF or Word. Includes notary section and electronic signature support. Valid in all US jurisdictions.
Affidavit
Need to swear to something in writing? An affidavit is basically a written statement you sign under oath, saying “everything here is true to the best of my knowledge.” Courts, banks, government agencies, and attorneys use them constantly — for everything from proving your identity to confirming where you live. The key is getting the format right: your personal details, a clear statement of facts, a jurat or notary section, and your signature under penalty of perjury. Our free template covers all of that. Fill in your details, preview the document, and download as PDF or Word.
Affidavit of Marriage
Create a professional Affidavit of Marriage with our free online generator. This sworn legal document provides a written declaration confirming the marital status or marriage of two individuals. It is commonly used for immigration applications, insurance enrollment, spousal benefits, and situations where an official marriage certificate is unavailable or requires supplemental verification. The affidavit includes the names of both spouses, date and place of marriage, and the affiant's relationship to the couple. Fill out the interactive form, preview in real time, and download as PDF or Word. Includes notary section and electronic signature support. Valid in all US jurisdictions.