DMV Determining Residency for Applicants (Handicap)
STATE OF NEW YORK
DEPARTMENT OF MOTOR VEHICLES
6 EMPIRE STATE PLAZA, ALBANY, NY 12228
NANCY A. NAPLES
Commissioner
Albany, New York
August 9, 2006
RECEIVED
AUG 1 1 2006
TOWN CLERK
TO: All Parking Permit Issuing Agents
SUBJECT: Determining Residency for Applicants
This memo is being sent to all issuing agents to clarify the guidelines for determining
residency for individuals applying for a parking permit for persons with disabilities.
Under the Vehicle and Traffic Law (VTL), the general rule is that a parking permit for a
severely disabled person may only be issued toa New York State resident. Additionally,
the VTL requires that an issuing agent issue these permits only to residents of the city,
town or village in which the issuing agent is located. However, an issuing agent may, at
his or her discretion, issue a permit to a non-resident of the agent's municipality if that
person lives in a municipality where an issuing agent has not been appointed.
Determining Residency
Determinations regarding whether an applicant for a parking permit meets state and local
residency requirements can and should be made by the issuing agent. DMV does not have
the authority to determine whether someone is a resident of an issuing agent's
municipality. However, DMV does include some suggestions regarding proof of
residency on page 3 of the "Guidelines for Issuing Parking Permits For Persons With
Disabilities (MV-664.2)."
As suggested in the Guidelines, a valid NYS driver license or non-driver identification
(NDID) card would usually be sufficient proof of NYS residence and local residence in a
particular city, town or village. In the event that an applicant does not have a valid NYS
driver license or NDID card, an issuing agent may accept alternate proofs in determining
residency. Examples of alternate proofs include utility bills, property tax bills or receipts,
W-2 forms, a current letter from a landlord or residential care provider or any other proof
that is satisfactory to the issuing agent.
Out of State Driver License
In some instances, an applicant may hold a driver license issued by another state (for
example, a Florida driver license). Please note that having an out-of-state driver license
does not mean the person is not a resident of New York State for the purposes of obtaining
a parking permit for persons with disabilities. This is because it is possible for a person to
have more than one residence. DMV suggests that in such cases, the issuing agent ask for
proof of residence using the same types of alternative proofs that are required whenever
an applicant does not hold a NYS driver license or NDID card.
It is up to the issuing agent to determine if an applicant submits sufficient proof of
residency. DMV recommends and encourages any issuing agent who has questions
regarding the proof in a particular case to consult with its counsel, who will be in the best
position to advise the issuing agent regarding the applicability of any local laws or
policies.
Please share this information with all appropriate members of your staff. Thank you.
Nancy A. Naples
Commissioner