Is this residency fraud?

[Anonymous]

Anonymous wrote:+100, nobody's business.

I disagree. The educational and social environments in many WOTP schools are being negatively affected by current levels of overcrowding. If you knowingly lie to get your kid into an already overcrowded school, then it is people's business. If your lying/cheating creates negative impacts for others, that's a problem.

[Anonymous]

From OSSE re Bona fide residency https://osse.dc.gov/sites/default/files/dc/sites/osse/page_content/attachments/OSSE%20FAQs%20Residency%20Processs.pdf

As a reminder, to establish bona fide residency, the person enrolling the student shall demonstrate compliance with all three of the following requirements:

(1) If anyone other than the parent is enrolling the student, establish that they are the valid guardian, custodian, or other primary caregiver, as set forth in 5-A DCMR § 5000 et seq. and specifically defined in 5-A DCMR § 5099, with proper documentation such as a custody order, or an “other primary caregiver” form;

(2) Establish a physical presence in the District, defined as the “actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time”;[u] and

(3) Submit valid and proper documentation that establishes bona fide residency as set forth in 5-A DCMR § 5004.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It is boundary fraud, not residency fraud.

It is not clear that there is such a crime as 'boundary fraud.' In order for fraud to exist, someone has to be defrauded, they have to lose something of value. DCPS loses nothing of value when you enroll in a school other than the one you're entitled to. Your child is entitled to a DCPS education, and they are required to provide it. In order for them to argue that fraud has occurred they would have to argue that the value of a DCPS education in different schools is different. I don't think that's a path they want to go down in court.

It's fraud because she'd be lying about her address on the paperwork. When you sign the forms, you attest that "I completed this form and I certify that the
information above is accurate. I understand that providing false information for purposes of defrauding the government is punishable by law. By signing below, I acknowledge my agreement with any consents or opt-ins provided in this form."

[Anonymous]

Anonymous wrote:

Anonymous wrote:It is NOT Residency Fraud - Where you lay your head is your own business (sleep at the condo half the time and have a room if it makes you feel better). If you PAY DC Taxes (2x in this case), register to vote in DC, the condo is your mailing address and decide you want to make the condo your primary address AND DO NOT rent it out you are not committing Residency fraud. I know plenty of consultants that spend more time on the road than at their condos or friends who are always at their partner's home. People are just jealous that you can afford to have two properties.

+1 to this. You're the owner of both houses. You are paying all the taxes and mortgages. You sleep wherever you want, no one will know.

Paying taxes does not entitle you to a particular school. This is unethical and likely illegal, but you don't care.

[Anonymous]

Anonymous wrote:From OSSE re Bona fide residency https://osse.dc.gov/sites/default/files/dc/sites/osse/page_content/attachments/OSSE%20FAQs%20Residency%20Processs.pdf

As a reminder, to establish bona fide residency, the person enrolling the student shall demonstrate compliance with all three of the following requirements:

(1) If anyone other than the parent is enrolling the student, establish that they are the valid guardian, custodian, or other primary caregiver, as set forth in 5-A DCMR § 5000 et seq. and specifically defined in 5-A DCMR § 5099, with proper documentation such as a custody order, or an “other primary caregiver” form;

(2) Establish a physical presence in the District, defined as the “actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time”;[u] and

(3) Submit valid and proper documentation that establishes bona fide residency as set forth in 5-A DCMR § 5004.

But you're ignoring #3: submit VALID and PROPER documentation. If you submit false documents, you're in violation. Even if it's a false address in DC.

[Anonymous]

Not OP's problem. Lobby to fix the schools if you feel this way, and/or rewrite the residency rules to make the arrangement she proposes unlawful.

You can't shame her as a property owner with a family property she doesn't rent out if she doesn't consent to be shamed.

[Anonymous]

It might not be fraud, but it's probably lying on an official document, possibly perjury.

And I disagree that it it is a victimless crime. WOTP school are either full or overcrowded. OP either is either increasing he overcrowding, or lying to obtain a spot that should have gone to someone who played by the rules and entered the OOB lottery.

[Anonymous]

Another thing to think about--
Most of the WOTP schools are really tight communities because 90-95% of families live within a mile of each other. By 4th grade, kids are walking to each others' houses independently. If you live in Shaw (whether undercover or as a legit out-of-boundary kid), it's not super easy on the kid.
If you're already buying a property WOTP, I'd consider moving into it yourself.

[Anonymous]

Anonymous wrote:

Anonymous wrote:From OSSE re Bona fide residency https://osse.dc.gov/sites/default/files/dc/sites/osse/page_content/attachments/OSSE%20FAQs%20Residency%20Processs.pdf

As a reminder, to establish bona fide residency, the person enrolling the student shall demonstrate compliance with all three of the following requirements:

(1) If anyone other than the parent is enrolling the student, establish that they are the valid guardian, custodian, or other primary caregiver, as set forth in 5-A DCMR § 5000 et seq. and specifically defined in 5-A DCMR § 5099, with proper documentation such as a custody order, or an “other primary caregiver” form;

(2) Establish a physical presence in the District, defined as the “actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time”;[u] and

(3) Submit valid and proper documentation that establishes bona fide residency as set forth in 5-A DCMR § 5004.

But you're ignoring #3: submit VALID and PROPER documentation. If you submit false documents, you're in violation. Even if it's a false address in DC.

She can legally file taxes where she owns property and there is no lease holder, as well as obtain other residency documents linked to that address. No false documents, no violation. Ask a reputable tax lawyer.

[Anonymous]

"Establishing a physical presence ... for a continuous period of time" =/= owning a condo and paying taxes on it.

The condo isn't your residence. The Shaw house is.

[Anonymous]

Anonymous wrote:Another thing to think about--
Most of the WOTP schools are really tight communities because 90-95% of families live within a mile of each other. By 4th grade, kids are walking to each others' houses independently. If you live in Shaw (whether undercover or as a legit out-of-boundary kid), it's not super easy on the kid.
If you're already buying a property WOTP, I'd consider moving into it yourself.

PP, you're not listening to OP. She wants her mom help in the afternoons, making life easier on the family. Common practice in DC with low SES families. Leave her alone.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Technically fraud, but as a taxpayer, I wouldn't really take much issue with it. You're paying taxes.

Where's the fraud? The rules on DCPS residency don't state that a child has to sleep somewhere a certain % of the nights in the year to have by-right access to an in-boundary school. That's the case is some upscale jurisdictions, e.g, tony suburbs of Boston and NYC, but not in DC.
Residency in DC is all about residency docs and where one rents, owns and pays taxes. No lease holder, family property, no fraud.

The fraud is lying on the paperwork. If you do that, under D.C. Code §38-312 you could be subject to a fine or imprisonment because you're knowingly supplying false information "in connection with student residency verification." You may try to argue that your intent was only to commit boundary fraud, but you're submitting a fake address and documents on the form used for residency verification.

[Anonymous]

Anonymous wrote:"Establishing a physical presence ... for a continuous period of time" =/= owning a condo and paying taxes on it.

The condo isn't your residence. The Shaw house is.

Says you, not the law. She can declare her residence at either property. She will spend time at both for a continuous period of time, since these will both be family properties.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:From OSSE re Bona fide residency https://osse.dc.gov/sites/default/files/dc/sites/osse/page_content/attachments/OSSE%20FAQs%20Residency%20Processs.pdf

As a reminder, to establish bona fide residency, the person enrolling the student shall demonstrate compliance with all three of the following requirements:

(1) If anyone other than the parent is enrolling the student, establish that they are the valid guardian, custodian, or other primary caregiver, as set forth in 5-A DCMR § 5000 et seq. and specifically defined in 5-A DCMR § 5099, with proper documentation such as a custody order, or an “other primary caregiver” form;

(2) Establish a physical presence in the District, defined as the “actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time”;[u] and

(3) Submit valid and proper documentation that establishes bona fide residency as set forth in 5-A DCMR § 5004.

But you're ignoring #3: submit VALID and PROPER documentation. If you submit false documents, you're in violation. Even if it's a false address in DC.

She can legally file taxes where she owns property and there is no lease holder, as well as obtain other residency documents linked to that address. No false documents, no violation. Ask a reputable tax lawyer.

It's not a tax law question. The form asks you to "affirm that I reside at the following address." It's not her residence. Her residence is the Shaw address.

[Anonymous]

Anonymous wrote:

Anonymous wrote:"Establishing a physical presence ... for a continuous period of time" =/= owning a condo and paying taxes on it.

The condo isn't your residence. The Shaw house is.

Says you, not the law. She can declare her residence at either property. She will spend time at both for a continuous period of time, since these will both be family properties.

It's sketchy AF.