Entitlement to Reimbursement of Real Estate Expenses

A Federal agency asked whether an employee should receive reimbursement for real estate expenses when she had indicated prior to the transfer that she would not purchase a residence at her new duty station. The employee received a travel order for an intra-agency transfer, stating that the transfer was in the interest of the Government. She was authorized reimbursement for travel expenses including expenses for real estate transactions. An agency Travel Approving Official claimed that the employee had stated to him prior to the transfer that she did not intend to purchase a residence at her new duty station. She submitted a voucher for reimbursement of travel expenses other than real estate. The voucher included the statement "Final Claim on Previous Submittal." The agency asked if the employee had effectively waived her entitlement to reimbursement for real estate expenses. It has been held that real estate expenses incurred incident to a transfer in the interest of the Government is considered a right pursuant to law and regulations. Thus, the fact that the employee did not intend to purchase a residence at the time of tranfer did not preclude reimbursement for costs incurred in the purchase if it occurred during the initial year after the transfer. It was held that the expenses could be certified for payment.