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B-187677 1 (1976-12-03)

handle is hein.gao/gaobaddzy0001 and id is 1 raw text is: 







1ECIS IDC3N


FILE:  B-187677

MATTER OF:


DIGEST:


                                   Susan Serling
                                               Civ.Pers.

             THE  CDMPTROLLER GENERAl-
           O   P  THE UNITED STATES
             WASHINGTON, D.C. 20540




                    DATE:  December 3, 1976

Robert J. Dion - Reimbursement for real estate
expenses - Time limitation


HUD employee who transferred from Los Angeles,
Californija, to Aluquerque, New Mexico, and
reported to duty on October 14 1973, may not
be reimbursed for real estate expenses of sale
of former residence since settloment did not
occur until April 30, 1976, more than 2 years
after date of reporting, Time limitation
imposed by para. 2-6A1e of Federal Travel
Regulations has the force and effect of law
and may niot be waived in any indiviJual case.
See 49 Comp. Gen. 145, 147 (1969); B-186021,
April 29, 1916.


     This action is in response to a request from T. Rivera,
Director, nccounting Division, Certifying Officer, Office of
Administration, Department of Housing and Urban Development ()IUD),
Regional Office, Region EX, San Francisco, California, for a deci-
sion concerning the propriety of reimbursing Mr. Robt.t J. Dion
for real estate expenses incurred in connection with the sale of
his residence incident to a permanent change of station.

     Mr. Dion, an employee,of HUD was transferred in 1973 from
Los Angeles, California, to Albuquerque, New Mexico, where he
reported for duty on October 14, 1973. The employee was granted
a 1-year extension of the initial 1-year settlement date limita-
tion for reimbursement of real estate expenses. Contracts for the
sale of Mr. Dion's former residence were executed on June 30,
1975, and August 22, 1975, but neither of these anles was com.-
plated.  A third contract of sale was :fxecuted on March 15, 1976,
and settlement on the sale transactton occurred on April 30, 1976,
more than 2 years after the date the employee reported for duly
at Albuquerqae.  The submission indtates that the delay in
settlement was the result of misinfurmation provided to the
employee by the real estate agent with whm he dealt in the first
two contracts of sale. Within a short period of time after
changing real estate companies, the employee uas able to proceed
to settlement on the sale of his former residence.

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