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B-260903 1 (1996-05-29)

handle is hein.gao/gaocrptadqd0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Julie B. Fagan

File:       B-260903

Date:       May 29, 1996

DIGEST

Under Federal Travel Regulation § 302.5.2(c) (1995), employee who occupied, on a
lease basis, a residence she intended to make her permanent residence upon
completing its purchase is not entitled to temporary quarters expenses. Employee's
reliance on erroneous advice by an agency official that she would be reimbursed for
her occupancy during the lease period and resultant cost savings to the government
do not bind the government to pay subsistence expenses for an employee's
occupancy of quarters intended to be her permanent residence.

DECISION

The Department of Housing and Urban Development (HUD) requests a decision on
whether to reimburse Julie B. Fagan for disallowed temporary quarters expenses in
connection with her transfer from Washington, DC, to Hartford, Connecticut.'

BACKGROUND

Ms. Fagan was transferred from HUD Headquarters in Washington, DC, to Hartford,
Connecticut, on October 19, 1994, with a reporting date of December 4, 1994. On
November 14, 1994, Ms. Fagan inquired whether it would be possible for her to be
reimbursed temporary quarters expenses for her occupancy of a Hartford residence
that she hoped to purchase, pending settlement on the residence. She indicated
that her lawyer had provided a lease that was separate from any agreement to
purchase the residence and that the rental agreement would not be a condition of
the purchase contract or mortgage settlement and would end at the closing date.
She was erroneously advised by the HUD Administrative Officer, who had conferred
with the Travel Policy Office, that she could be reimbursed for her occupancy of
the residence as temporary quarters under these conditions.


'This request was submitted by Mr. William H. Eargle, Jr., Director, Office of
Finance and Accounting, U.S. Department of Housing and Urban Development,
Washington, DC.


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