Claim for Reimbursement for Temporary Quarters Subsistence Expenses

An advance decision was requested concerning an employee's claim for temporary quarters subsistence expenses incurred when he resided in a rented apartment during the period of temporary residence authorized in connection with his permanent change of station. Incident to his change of station, the employee was authorized a temporary quarters subsistence allowance and received an advance payment on that allowance. The employee and his family moved into a rented apartment at the new duty station where he stated that he intended to reside until he found a suitable residence he could purchase. He did not sign a lease on the apartment and actively sought a permanent residence but was unsuccessful. When an employee assumes as a temporary residence permanent type quarters, the determination of whether those quarters were initially temporary or permanent is based upon the intent of the employee at the time he moved into those quarters. The employee's efforts to locate suitable housing lent support to a determination that he did not intend to occupy the apartment indefinitely. Accordingly, the apartment constituted a temporary residence for which the employee was entitled to a temporary quarters subsistence allowance.