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Can rental property address by used for school district?

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Ophersmom

Junior Member
I own a home in IL that was my primary residence for 11 years. We unexpectedly had to move to NJ 2 years ago due to my husband being laid off. We had to rent out our home and now have a tenant whose lease isn't up until 3/1/18. My husband was able To find a job back in IL and we are moving in a week( staying at my moms). I'd like to register my daughter back at her old school using the rental property address. As I'm going over the paper work it warns not to lie about where a student residence is because it's considered a felony class c misdemeanor. I own that property and I pay property tax on it, does that not entitle me to be able to send my child to that school? My tenant does not have children so there are no other kids using that address to go to school. I want to make sure that even if they did find out we aren't currently residing there that they cannot charge me with a felony legally because I do own and pay taxes in that school district. can anyone shed some light on this ?

Thanks.
 


quincy

Senior Member
I own a home in IL that was my primary residence for 11 years. We unexpectedly had to move to NJ 2 years ago due to my husband being laid off. We had to rent out our home and now have a tenant whose lease isn't up until 3/1/18. My husband was able To find a job back in IL and we are moving in a week( staying at my moms). I'd like to register my daughter back at her old school using the rental property address. As I'm going over the paper work it warns not to lie about where a student residence is because it's considered a felony class c misdemeanor. I own that property and I pay property tax on it, does that not entitle me to be able to send my child to that school? My tenant does not have children so there are no other kids using that address to go to school. I want to make sure that even if they did find out we aren't currently residing there that they cannot charge me with a felony legally because I do own and pay taxes in that school district. can anyone shed some light on this ?

Thanks.
You/your child must reside in the house.
 

quincy

Senior Member
so if I go ahead and am found out they can charge me with a felony?
Why would you want to risk having your child kicked out of school and banned from attending area schools? Why would you want to risk having to pay the school district back (at out of state rates)?

What you are contemplating is residency fraud.

I strongly recommend you do not violate the law and instead either move into the house in the school district you like, or enroll your child in the school district in the area where you reside.
 
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adjusterjack

Senior Member
so if I go ahead and am found out they can charge me with a felony?
Yeah, if it's a felony, you can be charged with it.

And I agree with Quincy about the other stuff.

I feel sorry for your kid, who is going to learn how to be a criminal from her parent.
 

Ophersmom

Junior Member
That's what I'm trying to find out, if I would indeed be commiting residencey fraud or if I am entitled to register in the district I own in and pay taxes for. How is it fraud when my tax money goes to that school? I obviously don't want to break the law and it's why I'm here asking questions. We fully intend on moving back once the tenants lease is up but that's 6 months from now. so what I should do is have my mother commit fraud by saying we rent from her and attend her school district instead? Not understanding how the law is not on my side on this one.
 

quincy

Senior Member
Whoa free advice site should come with a disclaimer that people will judge you and be jerks. K thanx bye
Advising you to not break the law is not being a jerk. It is trying to keep YOU from being a jerk.

Registering your child in a school district using an address that is not the address of the home where your child resides is residency fraud. Simple as that.

You might want to consider asking your tenant if she will end her lease early - perhaps providing the tenant with a cash incentive to leave. Then you could move into the house and register your child legally.
 

stealth2

Under the Radar Member
Whoa free advice site should come with a disclaimer that people will judge you and be jerks. K thanx bye
What the heck? No one judged you or was a jerk. They answered the question you asked. If you are certain that you are right, why not ask the school directly?
 

Ohiogal

Queen Bee
I own a home in IL that was my primary residence for 11 years. We unexpectedly had to move to NJ 2 years ago due to my husband being laid off. We had to rent out our home and now have a tenant whose lease isn't up until 3/1/18. My husband was able To find a job back in IL and we are moving in a week( staying at my moms). I'd like to register my daughter back at her old school using the rental property address. As I'm going over the paper work it warns not to lie about where a student residence is because it's considered a felony class c misdemeanor. I own that property and I pay property tax on it, does that not entitle me to be able to send my child to that school? My tenant does not have children so there are no other kids using that address to go to school. I want to make sure that even if they did find out we aren't currently residing there that they cannot charge me with a felony legally because I do own and pay taxes in that school district. can anyone shed some light on this ?

Thanks.
They can have you charged because you don’t live there. Residence is where you live
 

HRZ

Senior Member
AS a taxpayer I get royally annoyed at people who think they are somehow entitled to an education where they are not lawful residents, absent paying tuition of course....if you will be residents at Moms house...that's the right district for enrollment ...or pay tuition in prior district until you actually move into your prior home ....it might be true that almost nobody gets caught and prosecuted in your prior district ....then again, you would be handing the school an easy win if it chose to pursue the point....and I'd be part of the cheering section for the school....so don't be a jerk.

IF you will be living at Moms , that's a perfectly honest residence answer
 

quincy

Senior Member
It can be a very costly lesson for Ophersmom to learn when, not only being charged with a Class C misdemeanor for knowingly registering her child in a school district where the child doesn't live, she finds she must pay non-resident tuition.

It is also not the best lesson to teach one's child.
 

LdiJ

Senior Member
Advising you to not break the law is not being a jerk. It is trying to keep YOU from being a jerk.

Registering your child in a school district using an address that is not the address of the home where your child resides is residency fraud. Simple as that.

You might want to consider asking your tenant if she will end her lease early - perhaps providing the tenant with a cash incentive to leave. Then you could move into the house and register your child legally.
Or, the OP could simply explain to the school what is going on, and the fact that they will be moving back into the home in March and see if the school district will allow the child to be enrolled anyway. If the school district is not overcrowded they might possibly allow that.
 

quincy

Senior Member
Or, the OP could simply explain to the school what is going on, and the fact that they will be moving back into the home in March and see if the school district will allow the child to be enrolled anyway. If the school district is not overcrowded they might possibly allow that.
That is something for Ophersmom to consider, too.

There are certainly better options available than knowingly breaking the law. :)
 
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