Live-In Policy

  1. Professional Residential Life staff members living in College residence halls are provided with apartments by Ithaca College for its convenience. The primary purpose of this living arrangement is to make these professional staff conveniently available to students and staff members.
  2. Professional Residential Life staff members, their legally married spouses or domestic partners (as defined in this policy), and their legally dependent children may reside in staff apartments.
  3. Staff are responsible for ensuring that others residing in the apartment do not violate the policies, rules and regulations of Ithaca College applicable to the live-in staff or the orderly functioning of the College. Should those residing in the apartment violate such policies, rules and regulations or disrupt the orderly functioning of the College, the staff member is responsible for resolving the problem. If the staff member is unwilling or unable to resolve the problem, eviction, and hence, termination of his/her employment may result. In keeping with the expectation that all College employees conduct themselves appropriately in the workplace, and because of the locations of these apartments, propriety and professionalism on the part of the staff member and anyone who resides with them is of the utmost importance. The spouse or domestic partner of the staff member will sign a statement, which indicates that he/she agrees to abide by the College's policies, rules and regulations while he/she resides in the apartment provided by the College.
  4. If a staff member wishes to have a legally married spouse reside with him/her, a marriage certificate must be presented to the Director of the Offices of Residential Life and Judicial Affairs as legal verification of the marriage.
  5. For purposes of this policy, Ithaca College will recognize domestic partnerships which exist between a professional Residential Life staff member and another person when both persons sign an Ithaca College Office of Residential Life Statement of Domestic Partnership (see Domestic Partner Policy). This is the only acceptable verification of a domestic partnership for purposes of this policy, and is intended as documentation of the commitment reflected by the domestic partnership whose members cannot or choose not to marry.
  6. If a staff member divorces a spouse or files a statement of Termination of Domestic Partnership with the Office of Residential Life, the staff member cannot have a new spouse/domestic partner reside with him/her for a period of six (6) months.
  7. According to Federal tax law (Section 873 Food and Lodging Provided by Employer), "the value of meals and lodging furnished by an employer to an employee, his spouse, or dependents for the employer's convenience is not includable in the employee's gross income if, in the case of meals, they are furnished on the employer's business premises and if, in the case of lodging, the employee is required to accept the lodging as a condition of employment." (IRC Code Section 119; Reg. Section 1. 119-1.) The general definition of a dependent (IRC Code Section 152) includes an individual who, for the taxable year of the taxpayer, has as his/her principal place of abode the home of the taxpayer and is a member of the taxpayer's household, and over half of whose support for the calendar year was received from the taxpayer. Therefore, if a domestic partner living with a staff member meets the definition of a dependent, the full value of the apartment would qualify for the exclusion from the employee's gross income under IRC Section 119.
    1. If it is determined that an individual living with a staff member in the College provided apartment does not qualify as a spouse or a dependent according to the IRC, a determination must be made as to the value of the non-excludable item (the apartment) being provided. In determining the fair market value of this particular item, Ithaca College has used the "incremental employer cost method" according to the IRC Regulation Section 1.62-21.
    2. Because the additional cost to the College of allowing a domestic partner to live with the staff member is negligible, the College has determined that the value of the apartment benefit to the domestic partner is zero.
  8. Appropriate documentation must be presented to the Director of the Offices of Residential Life and Judicial Affairs verifying that any child who resides in the apartment is a legal dependent of the staff member or his/her spouse/domestic partner.
  9. No privilege (e.g., medical and dental insurance coverage) will accrue by virtue of this policy to the domestic partner as a domestic partner from Ithaca College beyond permission to reside in the staff member's apartment.
  10. In the event of an emergency and in keeping with its obligations relative to safety and security, the College must be informed of who resides in a staff member's apartment. Therefore, the Director of the Offices of Residential Life and Judicial Affairs will maintain an updated list of all individuals residing in staff apartments. The list shall include names, social security numbers, business and emergency telephone numbers, etc.
  11. Staff apartments are provided by the College for the primary purpose of making trained professionals conveniently available for students and staff members. The size of an apartment dictates the number of the individuals who can reside in them while simultaneously meeting the purpose for which they are provided. Total occupancy of a one bedroom apartment cannot exceed two people. Two bedroom apartments may house a total of up to two adults and two children. Special circumstances will be considered by the Director of the Offices of Residential Life and Judicial Affairs who will make the final decision as to the number of people who can reside in staff apartments.