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B-190677 1 (1978-07-06)

handle is hein.gao/gaobadgec0001 and id is 1 raw text is: L DECISION FILE: B-19067 AATTER CF: DIGEST: THE COMPTROLLER GENERAL OF THE UNITD BYATES WASHINGTON. D.C. 20540 DATE: July 6, 1978 Juan R. &driquez - Expenses incurred for settlement of unexpired lease Drug Enforcement Administration policy requiring employees to obtain a no penulty clause for break- ing a lease may not be asserted as a bar to employee's claim for reimbursement of expenses incurred in terminating a lease incident to a transfer. The agency admits that the employee had not been advised of the DEA policy, and that there was no way for him to have become aware of its existence under th. 'rocedures in effect prior to his transfer. Further, the Federal Thavel 7egulations impose no such requirement, and the authority of DEA to impose the rrpiire- ment is questionable under the FTR. Thia action is a request by the Chiuf, Accounting Section, Drug Enforcement Administration (DEA), )f the United States Depart- ment of Justice whether the claim of Mr . Juan R. Rodriquez ;'ay be paid for reimbursement of $931 for expenses incurred in terminating an unexpired lease incident tr a change of official station. The record shows that prior to April 1976, Mr. Rodriquez wad been assigned to the New York regional office f DEA. On April 14, 1976, he cnterrd into a 3-year lease for an apartment in Br:oilyn, New York, to 'aegin occupancy on May 1, 1976. In June 1976, 'e received ordera to crdnsfer to the Detritt, hicla>L-., office of DEA. Accordingly, Mr. Rodriquez was required to break hi lease and report for duty in Detroit. on October 4, 1976. Subsequently, Mr. Rodriquez submitted a claim for reimburse- ment in the amount of $931 for expnses incurred in terminating his unexpired lease. Upon examinatton of the April 14, 1976 lease agreement, the agency qustioned whether payment could be made since the lease did not comply with the DEA policy regarding no penalty clauses, as set forth in the September 15, 1971 memo from the Assistant Director for Administration. That memo provides, in pertinent part, as follows: 'Sub : Leasing of residence quarters Employees of BNDD who receive official notice of transfer with a reporting date on and afte October 1, 1971 to a post of duty located within ad i 7r I

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