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I E 3 program,the San Diego Housing Commission updated the rules in 2017 to require two years of residency in San Diego County,verified by three years of tax returns.The policy has remained in place since then. i 'I Legal Considerations:Durational-Residency Requirements Could Be Challenged A durational-residency requirement for a public benefit which requires that a person live in a place for a certain length of time has generally been found by the courts to limit the "constitutional right to travel from one State to another."The right to travel has been interpreted to refer to not just entering and exiting another State but to the right to be treated like other citizens of that State. For example;a California law attempted to limit welfare benefits for newly-arrived residents to the amount paid by their previous state of residence for their first twelve months in California,at which point they were entitled to benefits at the California rate. In Saenz v. Roe',the U.S. Supreme Court invalidated California's restriction. However, courts have made an exception to the general rule of disallowing duratio nal-residency requirements for"portable" benefits that a nonresident could obtain and take out of the state 2. In-state tuition requirements are an important example of a "portable"benefit. "The state can establish such reasonable criteria for in-state[college tuition]status as to make virtually certain that students who are not, in fact, bona fide residents of the State, but who have come there solely for educational purposes, cannot take advantage of the in-state rate S3.11 Applicability to For-Sale County Programs: One could argue that homeownership is a portable benefit as compared to renting.An owner builds equity in their home,which translates into a profit that can be taken out of the county when the owner sells. Even before the sale of a home, an owner can often borrow money against the value of their home as a home equity loan.This benefit could be considered portable since there is no restriction on where the funds,which can be significant,can be spent. However,the home itself is not portable,only the equity accrued to the owner. Whether ownership is considered a portable benefit similar to college tuition or a non-portable benefit more similar to welfare has not yet been decided by the courts. Analysis:The most conservative legal approach would be to require no specific length of time for residency but simply that a person be a current Maui resident. Moreover, applicants to the County program would need to be on a pre-approved buyer list before construction begins.They would likely be waiting at least two years before construction is completed and they own a home.This reduces the likelihood that a person would establish residency in Maui just for this program. Fourth Distinction: Length of time preference. Provide some extra preference based on number of years living in an area or length of time on the list. '526 U.S.489,119 S.Ct.1518,143 L.Ed.2d 689(1999). 2 Martinez v.Bynum,461 U.S.321,332-33,103 S.Ct.1838,75 L.Ed.2d 879(1983). 3 Vlandis v.Kline,412 U.S.441,453-54,93 S.Ct.2230,37 L.Ed.2d 63(1973). 147