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B-183018 1 (1976-01-08)

handle is hein.gao/gaobaddtf0001 and id is 1 raw text is: 's THE COMPT'ROLLER GENERAL 01DEi-1ISION ~ OF THE UNITED ST-ATES WASHINGTON. D.C. 2054 t %ITv FILE: DATE: 8-183018 MATTER OF: DIGEST: JAN 8 1976 Amilcare J. Ciarrocca - Settlement of Unexpired Lease Employee, who entered into 1-year sublease agreement for the sharing of an apartment with fellow employee but who was transferred to a new official duty station after 3 months, is not entitled to reimbursement of the rent he paid under the agreement for the balance of the term for lack of reasonable effort to relet the premises. This action is an appeal from the Settlement Certificate issued by our Transportation and Claims Division oryAugust 20, 1974, denying the claim of Mr. Amilcare J. Ciarrocca for reimbursement of expenses incurred in settling his unexpired lease upon transfer of official duty station as an employee of the Federal Aviation Administration (FAA). The record shows that a fellow employee, Mr. Karl Rothfuss, leased an apartment on September 1, 1972, in Rosemont, Illinois, for 1 year at a monthly rent of $195. Under the same date he sublet one-half of the apartment to Mr. Ciarrocca at $97. 50 per month. Approximately 2 months thereafter Mr. Ciarrocca was notified of a pending permanent change of station, and his orders to that effect were issued on November 20, 1972. The actual transfer took place on November 26, 1972, and Mr. Ciarrocca became liable for a settlement of the unexpired lease between himself and Mr. Rothfuss. This liability was discharged on May 1, 1973, by Mr. Ciarrocca paying $377. 50 to Mr. Rothfuss, representing one-half of the rent for the apartment for the period of December 1, 1972, to August 31, 1973. Reiilibursement for the cost of settling an unexpired lease at an employee's old duty station incident to a change of station was governed, during the period involved, by section 4. 2h of Office of Management and Budget Circular No. A-56, revised August 17, 1971, which provided: h. Settlement of an unexpired lease. Expenses incurred for settling an unexpired lease (including month-to-month rental) on residence ouarters occupied by the employee at the old official station may include broker's fees for obtaining a sublease or charges for i 'PSv

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