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B-191676 1 (1978-11-02)

handle is hein.gao/gaobadgnw0001 and id is 1 raw text is: 6 THE COMPTPrLLOR GENERAL DECISIO N ...a TH uNITHO 8STATr1 fc FILE: 1-191676 DATE: November 2; 1978 MATTER OF: Lucki S. Latiier - Forfeiture of Lease Deposit DIGEST: Employee who forfeited $112.50 of a rental deposit for the lease of a residence at his neiw duty station after receiving notice of cancellation ef transfer, may be reimbursed forfeited amount as a miscellaneous expense. This action is it response to an appeal by Lucki S. Latimer of our Claims Division setrlement dated June 14, 1977, disallowing his claim for reimbursement of a rental deposIt for the lease of a residence at his new duty station. The record shows that Mr. Latimer was issued Travel Order CA-246-75, dated May 9, 1975, authorizing a trauGfer of duty station from Dallas, Texas, to-Albuquerque, New Mexico, effec- tive June'4, 1975. The travel order.authorized a house-hunting trip. While on thehose-hunting trip Mr. Latimer signed a lease for a new-reuidence ou May 1?, '1975, givitU3 a 1-month rental deposit of $225 plus'a security deposit of $75. On May 22, 1975, Mr. Latimer was notified that his transfer had been cancelled and was requested to close all accounts and submit a voucher fo- all axpenses. On May 28, 1975, the land- lord of the newly rented house refunded all but $112.50 of the combined deposits made, claiming the withheld amount as earned rent. It is the unrefunded amount of $112.50 for which Mr. Latimer claims reimbursement. Mr. Latimer contends that his forfeiture was a miscellaneous e.pense, ard as such, reimbursement should be allowed. Under the miscellaneous expense t'eory and the applicable regulations, mAinly.pa a. 2-3.2 and pa 2-3.3 of the Federal Travel Regu- lations (FTMR 101-7, May'..43), we would not object to the $112.50 deposit forfefid being included as a miscellaneous dllowance incident to Mr. Latimer's cancelled transfer to Albuquerque. See B-190764, April 14, 1978. He is, therefore, entitled to reimbursement of the deposit forfeited as miscel- laneous expenses. I4I

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