Boundary line intersection through garage did not support designation of district of attendance

On Board Online • May 13, 2013

By Pilar Sokol
Deputy General Counsel

Owners of taxable property that is intersected by the boundary line between two school districts may designate which district the children residing on the property will attend if the boundary line intersects either (1) the dwelling on the property, or (2) in the case of an owner-occupied single family dwelling unit, the property on which the dwelling is located.

In support of their argument that they were entitled to make such a designation, the petitioners in Appeal of Velazquez claimed that they lived in an owner-occupied single family dwelling.  Therefore, the boundary line only needed to intersect the property on which the dwelling was located.  However, the evidence showed they lived in a multi-family dwelling with three separate and distinct living spaces.  Although the three units were occupied by the petitioners and various relatives, “familial relationship is not the determinative factor.”  Therefore, the petitioners’ ability to designate a district of attendance depended on whether the boundary line intersected the dwelling itself. 

The boundary line in Appeal of Velazquez intersected a garage.  However, the garage was a separate structure, unattached to the dwelling by any connecting structure.  Therefore, it was not an integral part of the dwelling.  According to the petitioners, the family used the garage as an extension of their kitchen with two freezers and a pantry area.  However, the commissioner found their argument unpersuasive because use of a garage can change over time.  Instead, there must be a physical integration of the garage with the structure of the dwelling, such as in the case of a breezeway.