B-178836, JUL 12, 1973

B-178836: Jul 12, 1973

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HODGES: REFERENCE IS MADE TO YOUR LETTER OF JUNE 5. IT IS NOTED THAT THE VOUCHER AS SUBMITTED IS A RESTATEMENT OF THE ORIGINAL VOUCHER AND TOTALS $1. ATTACHMENTS THERETO INDICATE HOWEVER THAT THE ORIGINAL WAS PAID ON SCHEDULE NO. 22678. THAT THE $656 NOW QUESTIONED WAS DISALLOWED. THOMPSON WAS TRANSFERRED FROM LOS ANGELES. HIS CLAIM WAS DISALLOWED CITING AS A BASIS THEREFOR DECISION B-163856. HE WAS ALLOWED 30 DAYS TEMPORARY QUARTERS ALLOWANCE BUT HIS CLAIM FOR REAL ESTATE EXPENSES WAS DISALLOWED BECAUSE THE APPLICABLE REGULATION REQUIRES THAT THE RESIDENCE SOLD BE LOCATED AT THE OLD STATION AND THE TRAILER CANNOT BE BOTH A RESIDENCE AND ALSO TEMPORARY QUARTERS SO AS TO JUSTIFY PAYMENT OF A TEMPORARY QUARTERS ALLOWANCE.

B-178836, JUL 12, 1973

ALLOWANCE, IN PART, OF VOUCHER COVERING A RECLAIM FOR SUBSISTENCE EXPENSES WHILE OCCUPYING A TRAILER AT TEMPORARY QUARTERS INCIDENT TO A TRANSFER OF OFFICIAL STATION FOR MR. GLENN R. THOMPSON, EMPLOYEE OF HUD.

TO MRS. DOLORES T. HODGES:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 5, 1973, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT AN ITEM OF $656 ON A VOUCHER IN FAVOR OF MR. GLENN R. THOMPSON, AN EMPLOYEE OF YOUR AGENCY, REPRESENTING A RECLAIM FOR SUBSISTENCE EXPENSES WHILE OCCUPYING A TRAILER AS TEMPORARY QUARTERS INCIDENT TO A TRANSFER OF OFFICIAL STATION. IT IS NOTED THAT THE VOUCHER AS SUBMITTED IS A RESTATEMENT OF THE ORIGINAL VOUCHER AND TOTALS $1,799. ATTACHMENTS THERETO INDICATE HOWEVER THAT THE ORIGINAL WAS PAID ON SCHEDULE NO. 22678, FEBRUARY 24, 1973, AND THAT THE $656 NOW QUESTIONED WAS DISALLOWED.

THE RECORD INDICATES THAT MR. THOMPSON WAS TRANSFERRED FROM LOS ANGELES, CALIFORNIA, TO ANCHORAGE, ALASKA, EFFECTIVE ON OR ABOUT AUGUST 10, 1970. HIS ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE FOR HIMSELF AND SPOUSE, TRANSPORTATION AND TEMPORARY STORAGE OF HOUSEHOLD GOODS, AND 30 DAYS TEMPORARY QUARTERS ALLOWANCE. MR. THOMPSON ARRIVED IN ANCHORAGE ON AUGUST 4, 1970, AND LIVED IN A TRAVEL TRAILER AND CLAIMED $656 TEMPORARY QUARTERS ALLOWANCE FOR THE PERIOD AUGUST 4 TO SEPTEMBER 2, 1970. HIS CLAIM WAS DISALLOWED CITING AS A BASIS THEREFOR DECISION B-163856, APRIL 30, 1968. MR. THOMPSON RECLAIMS SUCH ITEM ON THE GROUND THAT THE DECISION DOES NOT REFLECT THE FACTS AS SET FORTH IN HIS CASE.

IN THE ABOVE-CITED DECISION THE EMPLOYEE MOVED HIS HOUSETRAILER, WHICH HAD BEEN HIS RESIDENCE AT THE OLD STATION, FROM HIS OLD STATION TO HIS NEW STATION WHERE HE USED IT AS A TEMPORARY RESIDENCE AND THEN SOLD IT. HE WAS ALLOWED 30 DAYS TEMPORARY QUARTERS ALLOWANCE BUT HIS CLAIM FOR REAL ESTATE EXPENSES WAS DISALLOWED BECAUSE THE APPLICABLE REGULATION REQUIRES THAT THE RESIDENCE SOLD BE LOCATED AT THE OLD STATION AND THE TRAILER CANNOT BE BOTH A RESIDENCE AND ALSO TEMPORARY QUARTERS SO AS TO JUSTIFY PAYMENT OF A TEMPORARY QUARTERS ALLOWANCE. THAT DECISION IS NOT RELEVANT TO THE PRESENT QUESTION.

IN THE INSTANT CASE MR. THOMPSON WAS NOT AUTHORIZED A HOUSEHUNTING TRIP AND HE STATES THAT SINCE THERE WAS UNCERTAINTY AS TO HOUSING AVAILABILITY IN ANCHORAGE, IT WAS DECIDED THAT A SMALL TRAVEL TRAILER WOULD BE THE MOST ECONOMICAL TEMPORARY HOUSING DURING THE PERIOD OF TIME UTILIZED IN FINDING PERMANENT QUARTERS. HE AND HIS WIFE USED PUBLIC FACILITIES AVAILABLE IN ANCHORAGE FOR PARKING, LAUNDRY, AND BATH. HE HAS SUBMITTED RECEIPTS COVERING SPACE, UTILITIES, REPAIRS TO THE TRAILER TO MAKE IT HABITABLE, AND A MOTEL RECEIPT FOR AUGUST 4, 1970, WHEN THE TRAILER APPARENTLY WAS NOT FIT FOR OCCUPANCY. THE VOUCHER INDICATES THAT MR. THOMPSON'S ANCHORAGE HOUSE WAS NOT READY FOR OCCUPANCY UNTIL OCTOBER 15, 1970. ASSUME THAT THE TRAILER WAS OCCUPIED ONLY TO THAT DATE. SINCE THE TRAVEL TRAILER WAS APPARENTLY OCCUPIED ON A TEMPORARY BASIS, THE RECLAIM IS PAYABLE IF OTHERWISE PROPER. WITH REGARD TO THE TRAILER, THE EXPENSES FOR SPACE RENTAL AND UTILITIES ARE PROPER FOR PAYMENT, BUT THE EXPENSES FOR REPAIRS TO THE TRAILER ARE NOT SINCE THEY ARE PRIMARILY EXPENSES RELATED TO OWNERSHIP.

THE VOUCHER IS RETURNED HEREWITH AND THE RECLAIM MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE ABOVE.