B-161524, JUN. 6, 1967

B-161524: Jun 6, 1967

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TO AUTHORIZED CERTIFYING OFFICER: REFERENCE IS MADE TO YOUR LETTER OF MAY 9. EXPENSES INCURRED FOR SETTLING AN UNEXPIRED LEASE ON RESIDENCE QUARTERS OCCUPIED BY THE EMPLOYEE AT THE OLD OFFICIAL STATION ARE REIMBURSABLE WHEN (1) THE TERMS OF THE LEASE PROVIDE FOR PAYMENT OF SUCH EXPENSES. BUREAU OF PUBLIC ROADS HE IS BEING TRANSFERRED TO A DIFFERENT PART OF THE COUNTRY.'. WHICH WAS THE EARLIEST DATE POSSIBLE FOR TERMINATION OF HIS LEASE AGREEMENT UNDER THE PROVISION QUOTED ABOVE. HE IS ENTITLED UNDER THE REGULATIONS TO REIMBURSEMENT FOR ANY RENT HE HAD TO FORFEIT BY REASON OF VACATING THE LEASED PREMISES PRIOR TO MARCH 3. WAS ON ANNUAL LEAVE FOR TWO DAYS ON FEBRUARY 28 AND MARCH 1. IF NO ANNUAL LEAVE HAD BEEN TAKEN WE ASSUME THE EMPLOYEE WOULD HAVE DEPARTED FROM BOSTON ON MARCH 1.

B-161524, JUN. 6, 1967

TO AUTHORIZED CERTIFYING OFFICER:

REFERENCE IS MADE TO YOUR LETTER OF MAY 9, 1967, FILE 54-27, WHEREIN YOU ENCLOSE A SUPPLEMENTAL TRAVEL VOUCHER (SF-1012) FROM MR. FRANK E. CINFEL REQUESTING REIMBURSEMENT FOR RENT PAID FOR THE PERIOD FEBRUARY 27 TO MARCH 3, 1967, WHICH HE FORFEITED DUE TO THE CHANGE OF HEADQUARTERS UNDER PUB.L. 89-516. YOU REQUEST A DECISION AS TO WHETHER YOU MAY CERTIFY THE VOUCHER FOR PAYMENT.

BUREAU OF THE BUDGET CIRCULAR NO. A-56, SECTION 4.2F STATES THAT:

"F. SETTLEMENT OF AN UNEXPIRED LEASE. EXPENSES INCURRED FOR SETTLING AN UNEXPIRED LEASE ON RESIDENCE QUARTERS OCCUPIED BY THE EMPLOYEE AT THE OLD OFFICIAL STATION ARE REIMBURSABLE WHEN (1) THE TERMS OF THE LEASE PROVIDE FOR PAYMENT OF SUCH EXPENSES, (2) SUCH COSTS CANNOT BE AVOIDED BY SUBLEASING OR OTHER ARRANGEMENTS, AND (3) THE EMPLOYEE HAS NOT CONTRIBUTED TO THE COST BY FAILING TO GIVE TIMELY NOTICE OF INTENT TO MOVE PROMPTLY AFTER HE HAS KNOWLEDGE OF THE TRANSFER TO A NEW OFFICIAL STATION.'

A COPY OF THE LEASE AGREEMENT ATTACHED TO THE FILE CONTAINS THE FOLLOWING PROVISION:

"THE LESSEE MAY CANCEL THIS LEASE AFTER A PERIOD OF SIX (6) MONTHS FROM THE DATE OF SEPTEMBER 3, 1966 IF HE CAN SHOW DOCUMENTED PROOF THAT BECAUSE OF HIS EMPLOYMENT BY THE U.S. BUREAU OF PUBLIC ROADS HE IS BEING TRANSFERRED TO A DIFFERENT PART OF THE COUNTRY.'

MR. CINFEL INDICATES THAT HE GAVE NOTICE EFFECTIVE MARCH 3, 1967, WHICH WAS THE EARLIEST DATE POSSIBLE FOR TERMINATION OF HIS LEASE AGREEMENT UNDER THE PROVISION QUOTED ABOVE. THUS, HE IS ENTITLED UNDER THE REGULATIONS TO REIMBURSEMENT FOR ANY RENT HE HAD TO FORFEIT BY REASON OF VACATING THE LEASED PREMISES PRIOR TO MARCH 3, 1967. IN THAT CONNECTION WE NOTE THAT MR. CINFEL DEPARTED FROM BOSTON, MASSACHUSETTS, ON FEBRUARY 27, 1967, BUT WAS ON ANNUAL LEAVE FOR TWO DAYS ON FEBRUARY 28 AND MARCH 1, 1967. IF NO ANNUAL LEAVE HAD BEEN TAKEN WE ASSUME THE EMPLOYEE WOULD HAVE DEPARTED FROM BOSTON ON MARCH 1, 1967. HE IS NOT TO BE REGARDED AS FORFEITING ANY RENT ON THE DAY OF DEPARTURE FROM HIS LEASED PREMISES. THEREFORE, HE MAY BE REIMBURSED ONLY FOR MARCH 2, 1967, ONE DAY'S RENT, OR $4.67 ($140 DIVIDED BY 30). THE SUPPLEMENTAL VOUCHER, WHICH IS RETURNED HEREWITH, MAY ONLY BE CERTIFIED FOR PAYMENT TO THAT EXTENT.