You keep using that word... "Resident"
Oct. 13th, 2015 03:01 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
"Resident" is today's word that most people don't understand the implications of. Specifically, being a resident of a place, for legal and bureaucratic purposes.
Let's get the core misunderstanding out the way first. Unlike almost every other linguistic argument you'll find me involved in, there is no single common definition for this term. There isn't even a clear plurality; with tens of competing definitions in relatively typical usage[1]. In general, there is no social or legal control over who is considered a resident by an organization, at any level, for any purpose. Every single institution, organization, club, or group, government or private, gets to make up their own definition of this word, and most of them do. It is uncommon for anyone to accept anyone else's definition here. If you think that there's one national definition of residency that everyone uses or agrees on... you're wrong. If you think that whatever your state says, goes... you're wrong. It's a complicated morass that I hope you remain blissfully ignorant of, but suspect most of you will encounter at one point or another in your life. Understanding this misconception might help you get through that encounter a little faster than if you were caught flat-footed and confused by this situation.
Your landlord, trash collector, city council, DMV, election commission, social network, and immigration department almost certainly do not agree on what makes you [not] a resident of any particular place. It's quite plausible that they actively disagree about which place(s) you are and aren't a resident of. Each of them has their own definition, and makes their own judgement about whatever factors of your life weigh into their decision.
All of the parenthetical examples below are from my own life.
You can be a resident of two different states, because every state gets to define "resident" however they want. Ditto countries.
Furthermore, not just each state, but each executive and judicial division of each state. You might be a resident of two states for voting purposes[2], three for vehicle registration purposes (IL and SD), two for income tax purposes (MA, KY, TN, and/or GA), a different three for in-state college tuition purposes (KY and TN).
Making it even more crazy, two states might both say you're a resident of the other, which can make lawsuits tricky and tax-paying effortless.
You can be not a resident of any state, for all the same reasons, although some organizations have an explicit clause about this one saying they will consider you to remain a resident until anyone else does. They are usually silent on the topic of whose consideration they consider valid, however.
You can be a resident of a city for snow emergency parking purposes, but not for resident parking permit purposes. (Somerville, MA)
You can be a resident of a state for vehicle registration purposes, but not for driver license purposes. (Sioux Falls and Rapid City, SD)
Any one of these situations is somewhat rare, in isolation. However, there are *so many* such situations that, taken all together, they add up to a serious problem when people get surprised by one of them. If you're reading this, I would bet even money that there are two government organizations with authority over you right now that disagree about whether you are or aren't a resident of the place(s) that you think you are.
[1] Example competing definitions of what place(s) you're a resident of: Where you slept last night. Where you've slept the most in the past 3 months. Where you park your car [most often /when not commuting]. Where you've spent the most time in the past 12 months. Where you've spent the most time in the current calendar year (this one is fun while traveling in early January). Any of the above, minus any time spent at your school. Any of the above, minus any time spent traveling for work. The last place you were a resident. Where you are enrolled in school. Where your car is registered (a rare case of ceding the definition to a higher authority, the DMV/registrar) (what, you have two cars? inconcievable!).I could probably recall at least a dozen more definitions that I've encountered, but these are some good examples.
[2] You can vote in both. You can even vote in the same federal election in both and only be breaking a federal law, not a state law, in many states, and that federal law is relatively new. Every 4-8 years you'll see some coverage in the news about people voting in both NY and FL.
Let's get the core misunderstanding out the way first. Unlike almost every other linguistic argument you'll find me involved in, there is no single common definition for this term. There isn't even a clear plurality; with tens of competing definitions in relatively typical usage[1]. In general, there is no social or legal control over who is considered a resident by an organization, at any level, for any purpose. Every single institution, organization, club, or group, government or private, gets to make up their own definition of this word, and most of them do. It is uncommon for anyone to accept anyone else's definition here. If you think that there's one national definition of residency that everyone uses or agrees on... you're wrong. If you think that whatever your state says, goes... you're wrong. It's a complicated morass that I hope you remain blissfully ignorant of, but suspect most of you will encounter at one point or another in your life. Understanding this misconception might help you get through that encounter a little faster than if you were caught flat-footed and confused by this situation.
Your landlord, trash collector, city council, DMV, election commission, social network, and immigration department almost certainly do not agree on what makes you [not] a resident of any particular place. It's quite plausible that they actively disagree about which place(s) you are and aren't a resident of. Each of them has their own definition, and makes their own judgement about whatever factors of your life weigh into their decision.
All of the parenthetical examples below are from my own life.
You can be a resident of two different states, because every state gets to define "resident" however they want. Ditto countries.
Furthermore, not just each state, but each executive and judicial division of each state. You might be a resident of two states for voting purposes[2], three for vehicle registration purposes (IL and SD), two for income tax purposes (MA, KY, TN, and/or GA), a different three for in-state college tuition purposes (KY and TN).
Making it even more crazy, two states might both say you're a resident of the other, which can make lawsuits tricky and tax-paying effortless.
You can be not a resident of any state, for all the same reasons, although some organizations have an explicit clause about this one saying they will consider you to remain a resident until anyone else does. They are usually silent on the topic of whose consideration they consider valid, however.
You can be a resident of a city for snow emergency parking purposes, but not for resident parking permit purposes. (Somerville, MA)
You can be a resident of a state for vehicle registration purposes, but not for driver license purposes. (Sioux Falls and Rapid City, SD)
Any one of these situations is somewhat rare, in isolation. However, there are *so many* such situations that, taken all together, they add up to a serious problem when people get surprised by one of them. If you're reading this, I would bet even money that there are two government organizations with authority over you right now that disagree about whether you are or aren't a resident of the place(s) that you think you are.
[1] Example competing definitions of what place(s) you're a resident of: Where you slept last night. Where you've slept the most in the past 3 months. Where you park your car [most often /when not commuting]. Where you've spent the most time in the past 12 months. Where you've spent the most time in the current calendar year (this one is fun while traveling in early January). Any of the above, minus any time spent at your school. Any of the above, minus any time spent traveling for work. The last place you were a resident. Where you are enrolled in school. Where your car is registered (a rare case of ceding the definition to a higher authority, the DMV/registrar) (what, you have two cars? inconcievable!).I could probably recall at least a dozen more definitions that I've encountered, but these are some good examples.
[2] You can vote in both. You can even vote in the same federal election in both and only be breaking a federal law, not a state law, in many states, and that federal law is relatively new. Every 4-8 years you'll see some coverage in the news about people voting in both NY and FL.