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B-197928 1 (1980-12-10)

handle is hein.gao/gaobadita0001 and id is 1 raw text is: I ~1 DECISION FILE: B-197928 7DATE: )ecember 10, 1980 MATTER OF: Fr(k Kni ht<- Temporary Quarters Subsistence Expense) Employee transferred to permanent duty station. He is not entitled to temporary quarters subsistence allow- ance for quarters rented for period prior to being occupied asA/TR para. 2-5.2a requires actual occupancy as a condition of eligibility. This decision is in response to the request for an advance decision from May V. Smith, an authorized certifying officer of the Department of Housing and Urban Development (HUD), reference 9AF, regarding payment of the voucher of Mr. Frank Knight, an employee of HUD, for temporary quarters allowance claimed in connection with a permanent change of duty station. The record indicates that Mr. Knight, pursuant to his transfer to San Francisco, California, leased an apartment on August 7, 1978, for a 1 year term beginning August 2, 1978. Mr. Knight began his residency in San Francisco on August 30, 1978, and he is claiming temporary quarters allowance for 29 days until August 30, 1978. Mr. Knight explained that the reason he did not occupy the apartment before August 30, 1978, was that the time was needed to schedule and effectuate the move from Chicago, his prior duty station. He also explained that the need to lease the apartment prior to his move was based on the shortage of available apartments, and the fact that the complex in which he rented informed him that only one apartment would be available for rental during the month of August 1978. Authority for reimbursement of relocation expenses is found in /5 U.S.C. § 5724a (1976). The statutory provision has been implemented by the Federal Travel Regulations. These have the force and effect of law and are not to be waived, regardless of the circumstances. v,54 Comp. Gen. 638, 640 (1975). Therefore, only those expenses which are expressly authorized by the statute and implementing regulations may be reimbursed. The record shows that, during the period August 2 through 29, 1978, neither Mr. Knight nor his family had moved to the new duty station in San Francisco. Consequently, they did not occupy the 11~&3 ~c9-~-~-1 THE COMVPTR6LLER GENERAL OF THE UNITED STATES WASHINGTO . 0. C. 20548 DIGEST: e bP6 Il

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