Expert: Charles W. Field - 5/5/2007

Question
Hi,

I've lived in NY since the age of 7 (1991) when I immigrated from Jamaica, WI, up until May of 2006 (I now live in GA.)In 2002 I enrolled in State University of NY College at Old Westbury.  As a NY state resident you're entitled to in-state tuition charges of $4000 per year.  

By that time I was a naturalized citizen but didnt have a passport to prove it. THe school told me that I couldnt get in-state status without proof of citizenship.  I got my passport and presented it to them.  Once I got that they told me I needed state taxes to prove NY state residency.  At that time my parents filed their state taxes but didnt claim me since I was filing on my own.  I neglected to file my own state taxes that year.  As a result they charged me the out of state tuition for 6 times more that the in state amount.

Out of desperation to finish my education I just took out loans to pay the tutition and have since graduated.

I now have to start paying back my student loans but dont feel I should have to pay the out of state amount.  I recently filed my 2002 state taxes and have obtained W2s from that year proving I was a NY state resident at that time.  I now wonder why I didnt do that in the first place but I think my focus at the time was just getting my education.

I've since contacted the school registrar (I was directed to her) via email indicating I have proof that I was a NY state resident and would like a refund of the amount I was overcharged.  After literally 4 months of emails and voicemails she finally got back to me and was ultimately no help whatsoever.

I'd like to sue them for a refund because I feel in the bigger picture this is an injustice.  I've lived and worked in NY since the age of 7 and feel that should count for something.

Since I can now prove I was a NY state resident at the time, do you feel I'd have a case if I tried to sue them?  If so, how can I proceed with filing a lawsuit?

Thansk!

Answer
You will need to consult with a NY attorney to see if NY law provides you any basis for relief. (I only practice in GA and GA law is the only one with which I am familiar.) You might also try posting your question at www.lawguru.com where it will be directed to NY attorneys.