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B-193808 1 (1979-10-04)

handle is hein.gao/gaobadhqt0001 and id is 1 raw text is: 4k 0%,LER Ce 6'(J o - THE COMPTROLLER GENERAL DECISION * . OF THE UNITED STATE8 4 ::: J WASHINGTON, D. C. 20549 FILE: B-193808 ATE: October 4. 1979 MATTER OF: Gerald C. Newmeyer - Real Estate Expense§2 DIGEST: Employee's mobile home was .destroyed by fire and he was living in temporary quarters at time he was first definitely notified of transfer. Since the employee would have resided in the house but for.the fire, he has substantially complied with the occupancy require- ment of para. 2-6.1d of the Federal Travel Regulations (FPMR 101-7, May 1973). Therefore, reimbursement of .brokerage fees for the sale of property on which the home was located is allowable. This decision responds to a request submitted by the Comptroller- Director of Administration, General Services Administration, concerning the claim of Mr. Gerald C. Newmeyer for reimbursement of brokerage fees for the sale of his property under the circumstances described below. On June 18, 1977, Mr. Newmeyer, an employee of the Department of the Navy, formally accepted a position with the General Services Admin- istration (GSA),,with Loudoun County, Virginia, as his new official permanent duty station. His reporting date was July 10, 1977. At the time of his acceptance Mr. Newmeyer was residing in temporary quarters as a result of a fire which on November 25, 1976, destroyed. his mobile home in Mechanicsville, Maryland. On August 4, 1977, he sold the mobile horme lot in Mechanicsville. Mr. Newmeyer has declared the Mechanicsville property as his permanent residence at his old official station and has filed the subject claim for the brokerage fees incurred in selling the mobile home lot. Mr. Newmeyer reports that he did not replace the burned residence since the insurance company did not settle the claim for its loss until the end of February and he was verbally notified of his selection for the position in GSA in early March 1977. The statutory authorization for the reimbursement of expenses of the sale of the employee's residence at his old duty station is contained in 5 U.S.C. §.5724a(a)(4). Section 2-6.1d of the Federal-Travel Reg- ulations (FTR), FPMR 101-7, implementing that statute provides that reimbursement of the expenses of selling the old residence may be made provided the dwelling for which reimbursement of selling expenses is claimed was the employee's residence at the time he was first definitely ~j7b

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