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B-204480 1 (1982-06-08)

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DECISION




FILE;  B-204480


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      DATE; June,


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201.340


1982


   MATTER OF:     Carickd A. Smith - Real Essate Expenses
                  Incide,,t to Transfer

   DIGN STAn employee sold he r residehceat
              her old duty station prior to the
              issuance of written travel ordecs.,
              The employee's claim may be allowed
              since the record shows that there
              was a previously existing administra-
              tivg intention to transfer the em-
              ployee evident at the time the real
              estate expenses were incurred,

      1ena Mt Jones, an authorized certifying officer of
 the Department of Housing and Urban Developmpent (IUD),
 Wahinj'ton, D.OC., requests an advanct, decision concerning
 payments on a voucher in the amount of q4,570,60, submitt'd
 by Ms. Caridad A. Smith, a HUD employbe. The issue we a'ci
 presented concerns reimbursement of relocatio, expenses 'n-
 curred in the sale of a residence at an employee's old duty
 station prior to the issuance of written travel orders.

      We hold that the real estate expenses clairnd by
Ms Smith are relimbursable since the record shows that the
agency intended to transfer the employee from San Francisco,
California, to Anchorage, Alasla, at the time the expenses
were incurred,

     Ms. Smith was stationed at the San i.rancisco,
California, Area Offj.ice of HUD. On February 9, 1981, the
manager of HUD's Anchorage Area Office contacted Ms. Smith
by telephone to inform her that she had been selected for a
position in the Anchorage office. At that time, he informed
Hs. Smith that a hiring freeze was in effect and therefore
a formal affer could not be made until a waiver of the
hiring restrictions was requested and approved. On
February 15, 1981, Ms. Smith put her house up for sale.

     The agency report3 a series of conversations between
Ms. Smith and HUD perionnel oncerning her impending trans-
fer. On March 20, 1981, is. Zmith contacted a des); of-
ficer at the Anchorage office, inquirIng whether the waiver
had been granted, and stating that she had found a buyar

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