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B-201277 1 (1981-02-20)

handle is hein.gao/gaobadjcy0001 and id is 1 raw text is: 



                   o-.X    \ _-  THE COMPTROLLER GENERAL
DECISION               /  .  OF THE      UNITED      STATES
                             WASHINGTON.- 0.C. 20548
                    UN IT 0


FILE: B-201277                      DATE:    February 20, 1981

MATTER OF: (Claim for excess storage costs of holusehold
                goods under Meritorious Claims Act of 1928>
                31 U.S.C. § 236 (1976)
DIGEST: No basis exists for paying claim for storage costs
           in excess of 60 days or reporting it to Congress
           under the Meritorious Claims Act of 1928, 31 U.S.C.
           § 236 (1976), where excess costs resulted from delay
           in purchase of house by claimant, assertedly caused
           by discrimination against claimant by seller of
           house, and Government played no role in delay.


  In a letter dated November 6, 1980, from Thomas M. Payne,yhe asserts
aclaim for tie unreimbursed costs of storing 44s household goods  For
t e reasons stated below, we find no basis which would justify either
paying the claim or reporting it to Congress under the Meritorious Claims
Act of 1928, 31 U.S.C. § 236 (1976).

     Mr. Payne's household effects remained in storage from November 9,
1979, to October 7, 1980, incident to his transfer to his present position
with the Department of Housing and Urban Development (HUD). HUD, through
the General Services Administration (GSA), paid the storage costs on the
goods for 60 days, from November 9, 1979, to January 8, 1980. However,
Mr. Payne asserts that he is entitled to reimbursement for the additional
period of January 8 to October 7, 1980.

   Qr e claimant states that his attempt to purchase a house in December
1979 was thwarted as a result of discrimination against him and his family
by the seller of the house he had planned to buy. Mr. Payne filed a
d ,sscrimination complaint concerning the incident with HUD in December 1979
T e record of that complaint shows that the seller agreed to convey the
ee to Mr. Payne as a result of a settlement reached in May 1980.
However, it appears that the claimant did not take possession of the housE
until September 1980.

   ,, GSA paid the storage costs incident to the job transfer for a period
of 60--d'ays, as authorized by FTR para. 2-8.2c. Except for a situation
not relevant to this case, there is no authority to reimburse an employee
for   he expense of temporarily storing household goods in excess of 60
days.J B-182648, December 8, 1975. Accordingly, Mr. Payne's claim for
additional storage costs was properly denied by HUD.

     Mr.iPayne asks that we consider the Meritorious Claims Act of 1928,
 31 U. . C. § 236 (1976) as a basis for his claim for storage costs. That
 Act allows submission to Congress of claims which may not be lawfully
 adjusted by use of appropriated funds but which, in our judgment, contain




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