[Request for Decision Concerning FHA Employee's Entitlement To Use of Relocation Contractor's House Sale Services]

The Federal Highway Administration (FHwA) requested a decision on whether an employee's ownership interest in his house qualified him for Department of Transportation house sale services without personal expense to him. GAO noted that an employee must have held title to his residence either alone or jointly with a member of his immediate family before receiving notice of his transfer. GAO held that the employee failed to meet the title requirements because: (1) his separated wife's oral agreement to sell her interest in their residence to him was unenforceable under state law and thus did not vest him with sole title; and (2) his separated wife did not qualify as a member of his immediate family. Accordingly, FHwA may reimburse the employee for only half of the house sale fee.