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B-163153, SEP. 30, 1968

B-163153 Sep 30, 1968
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GREVE: THIS IS IN REPLY TO YOUR LETTER OF AUGUST 6. YOU HAVE ASKED OUR OFFICE TO REVIEW MR. ALTHOUGH THE LEASE PROVIDED THAT THE TENANT COULD BE RELEASED THEREFROM SHOULD HE BE TRANSFERRED BY THE GOVERNMENT THERE IS CONSIDERABLE DOUBT WHETHER UNDER THE TEXAS LAW (VERNON'S TEXAS CIVIL STATUTES. IT IS OUR VIEW THAT HE PROPERLY MAY BE REIMBURSED THE $160 UNDER THE AUTHORITY OF SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. AREA IS CONCERNED THERE IS NO RESTRICTION IN SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. WHILE PARAGRAPH C8251.4A OF JTR PERMITS PAYMENT OF SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS FOR THE EMPLOYEE ONLY WHEN THE QUARTERS ARE LOCATED AT THE OLD OR NEW DUTY STATION.

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B-163153, SEP. 30, 1968

TO MR. JOHN H. GREVE:

THIS IS IN REPLY TO YOUR LETTER OF AUGUST 6, 1968, REGARDING CERTAIN PERMANENT CHANGE OF STATION ALLOWANCES OF JAMES L. LAMM, A FORMER EMPLOYEE OF THE DEFENSE SUPPLY AGENCY ON CHANGE OF STATION FROM FORT WORTH, TEXAS, TO BATTLE CREEK, MICHIGAN, IN AUGUST 1967. THIS CASE HAS BEEN THE SUBJECT OF OUR PRIOR DECISIONS B-163153, DATED FEBRUARY 6, 1968, AND JULY 5, 1968.

YOU HAVE ASKED OUR OFFICE TO REVIEW MR. LAMM'S ENTITLEMENT TO PAYMENT OF $160 FOR SETTLEMENT OF AN UNEXPIRED LEASE AT HIS OLD DUTY STATION IN FORT WORTH FOR THE PERIOD AUGUST 5, 1967, TO SEPTEMBER 4, 1967, AND HIS ENTITLEMENT TO TEMPORARY QUARTERS ALLOWANCE IN THE WASHINGTON, D.C. AREA FOR THE PERIOD AUGUST 12 TO 21, 1967, AFTER WHICH APPARENTLY HE AND FAMILY MOVED INTO PREMANENT 2 TO 21, 1967, AFTER WHICH APPARENTLY HE AND FAMILY MOVED INTO PERMANENT QUARTERS. IN SUPPORT OF YOUR LAST QUESTION YOU CITE VOLUME 2, JTR, PARAGRAPH C8251.4, PROVIDING THAT TEMPORARY QUARTERS FOR AN EMPLOYEE FOR SUBSISTENCE PURPOSES CAN ONLY BE AT HIS NEW OR OLD DUTY STATION.

WITH RESPECT TO YOUR FIRST QUESTION MR. LAMM FURNISHED A COPY OF THE LEASE FOR 1 YEAR BEGINNING SEPTEMBER 5, 1965, PROVIDING FOR A MONTH TO MONTH TENANCY ON HOLDING OVER BEYOND THE 1-YEAR TERM WHICH EXPIRED ON ON AUGUST 4, 1966. ALTHOUGH THE LEASE PROVIDED THAT THE TENANT COULD BE RELEASED THEREFROM SHOULD HE BE TRANSFERRED BY THE GOVERNMENT THERE IS CONSIDERABLE DOUBT WHETHER UNDER THE TEXAS LAW (VERNON'S TEXAS CIVIL STATUTES, ARTICLE 5236A) SUCH PROVISION OPERATES TO REQUIRE REFUND BY THE LANDLORD OF ANY PORTION OF RENT PAID FOR THE MONTH IN WHICH THE TENANT VACATES THE PREMISES. IN VIEW THEREOF AND SINCE MR. LAMM MADE PROMPT AND REASONABLE EFFORTS AFTER HE RECEIVED NOTICE OF THE TRANSFER OF STATION TO RECOVER THE MONTH'S RENT -- OR A PORTION THEREOF -- HE PREVIOUSLY HAD PAID COVERING THE PERIOD AUGUST 5 - SEPTEMBER 4, 1967, IT IS OUR VIEW THAT HE PROPERLY MAY BE REIMBURSED THE $160 UNDER THE AUTHORITY OF SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

INSOFAR AS TEMPORARY ALLOWANCE FOR QUARTERS WHILE IN THE WASHINGTON, D.C. AREA IS CONCERNED THERE IS NO RESTRICTION IN SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 LIMITING THE LOCATION OF THE QUARTERS SOLELY TO THE NEW AND OLD DUTY STATIONS. AND WHILE PARAGRAPH C8251.4A OF JTR PERMITS PAYMENT OF SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS FOR THE EMPLOYEE ONLY WHEN THE QUARTERS ARE LOCATED AT THE OLD OR NEW DUTY STATION, PARAGRAPH C8251.4B OF THE REGULATIONS PROVIDES THAT THE ALLOWANCE IS PAYABLE FOR DEPENDENTS WHETHER THEY ARE LOCATED AT THE OLD STATION, NEW STATION OR ANY OTHER LOCATION. HOWEVER, THE JTR IS SILENT AS TO ENTITLEMENT OF AN EMPLOYEE WHEN HE RESIDES IN TEMPORARY QUARTERS WITH HIS DEPENDENTS AT A POINT OTHER THAN THE OLD OR THE NEW STATION. SINCE REIMBURSEMENT TO THE EMPLOYEE WOULD BE CONSISTENT WITH THE PROVISIONS OF BUREAU OF THE BUDGET REGULATIONS, IT IS OUR VIEW THAT THE AMBIGUITY IN THE JTR MUST BE RESOLVED IN FAVOR OF THE EMPLOYEE. ACCORDINGLY, THE CLAIM FOR TEMPORARY QUARTERS ALLOWANCE FOR THE PERIOD FROM AUGUST 12, 1967, THROUGH AUGUST 21, 1967, ALSO MAY BE ALLOWED, IF OTHERWISE CORRECT.

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