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B-229427 1 (1988-08-04)

handle is hein.gao/gaobadndv0001 and id is 1 raw text is: I L .The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Jack H. Hiller - Relocation Homesale Program--Actual Residence File: B-229427 Date: August 4, 1988 DIGEST Under 5 U.S.C. S 5724c and its implementing regulations, in order to participate in the Guaranteed Homesale Program, an employee's dwelling must be his actual residence at the time he was first definitely informed by appropriate authority of his transfer to a new duty station. An employee leased his dwelling and lived in rental housing as a result of overseas transfer orders that were later revoked. He seeks to participate in the Program incident to a subsequent transfer about 15 months later to a location within the United States. Since he had leased his house as a result of the government's action he was unable to occupy it at the time of the subsequent transfer. Thus, he comes within the exception to the rule requiring occupancy at the time of transfer and is eligible to participate in the Program. DECISION Mr. Jack H. Hiller, a Department of the Army civilian employee assigned to the Presidio of Monterey in California, was issued permanent change-of-station (PCS) orders dated February 19, 1985, to West Germany. On the same date, Mr. Hiller, in preparation for his upcoming move, leased his house, with an option to purchase, for a 1-year period which could be extended for an additional year by the tenant.l/ Approximately 1 week later Mr. Hiller moved himself and his family into a rental house pending their travel overseas. However, by orders dated March 27, 1985, Mr. Hiller's PCS orders to West Germany were revoked. He was then unable to re-occupy his house due to the previously created leasehold 1/ The tenant did, in fact, exercise the option in February 1986, and extended the period of the lease an additional year to expire on February 28, 1987.

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