[Entitlement to Temporary Quarters Subsistence Expenses]

An authorized certifying officer of the Environmental Protection Agency requested a decision as to whether a transferred employee was entitled to temporary quarters subsistence expenses during the period of time that he rented a house which he subsequently purchased. The employee asserted that he was forced to rent the house due to the unavailability of temporary quarters, and he submitted advertisements that revealed a shortage of rental units. The employee further stated that the house was unfinished and that its rental cost was less than the cost of a hotel room for the same period of time. GAO has held that the status of quarters is determined by the employee's intent at the time of initial occupancy. GAO found that the employee had placed an earnest money deposit on the house prior to assuming residence and that there was no evidence that he had searched for other temporary quarters. GAO determined that the employee may not be reimbursed the rental expenses of the house, and the fact that the house was unfinished or that it cost less than a hotel room had no bearing on his entitlement. Accordingly, the claim may not be paid.