Also known as: bona fide residence requirements · bona fide residency requirement · bona fide residence requirement · bona fide residency req · durational residency requirements
Written by attorneys · grounded in primary & secondary sources — see below
A requirement that a person in fact reside within the jurisdiction to receive a benefit or engage in an activity. It distinguishes residents from nonresidents on the basis of current actual residence rather than the length of time a person has lived in the state.
Belinda Baxter moved from State X to State Y and applied for general relief cash assistance. She met all financial criteria and had established a permanent home in State Y. The agency granted benefits because she satisfied the actual residence condition. The program imposed no waiting period based on when she arrived.
Brianna Burke relocated to State Y for employment and enrolled her child in public university. She proved current residence with a lease and utility bills. The university extended in-state tuition rates because she met the bona fide residency test. No durational waiting period applied to her application.
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Brooke Bryant established a home in Maricopa County and sought free medical treatment at the county hospital. She presented proof of ongoing residence through voter registration and employment records. The hospital approved care because she satisfied the actual residency requirement. Officials did not inquire into the date she moved into the county.
Bobby Brady moved to Iowa and filed for divorce after securing local employment and housing. He demonstrated current residence with a lease and paycheck stubs. The court accepted jurisdiction because he met the bona fide residency standard. The rule required only actual presence, not a fixed period of prior stay.
Bianca Baker, a lawful permanent resident, settled in the state and applied for public assistance. She supplied evidence of her current address and intent to remain. The agency approved benefits because she satisfied the actual residency condition. Officials did not impose any additional durational test.
Bei Bai established residence in the City of Mobile and registered to vote. She presented a utility bill and driver's license showing her current address. Election officials accepted the registration because she met the bona fide residency requirement. The rule did not condition eligibility on length of prior residence.
A bona fide residency requirement insists only that a person actually reside in the state. It draws a line between residents and nonresidents. A durational requirement instead distinguishes among residents based on how long they have lived in the state and often penalizes recent arrivals.
A state may condition benefits on actual current residence because the requirement treats all residents equally once they establish residence. It does not penalize the act of moving between states. Courts uphold such rules when they serve legitimate interests such as verifying eligibility for in-state tuition or local programs.
No. Bona fide residency requirements receive rational basis review because they do not burden the right to travel. They merely confirm that the claimant is a current resident entitled to equal treatment with other residents. Strict scrutiny applies only when the rule imposes a durational waiting period that penalizes recent interstate movement.
…did not seek to intervene or to file an amicus brief. Reasoning that PRWORA permitted, but did not require, States to impose durational residency requirements, Judge Levi concluded that the existence of the federal statute did not affect the legal analysis in his prior opinion in Green . He did, however, make certain additional comments on the…