Miss Katherine Swift
| Decision Date | 26 December 1973 |
| Docket Number | B-178343 |
| Parties | TO MISS KATHERINE SWIFT: |
| Court | Comptroller General of the United States |
Transferred employee, who occupied temporary quarters at new station under lease and claims reimbursement for garage rent separately stated and pro rata share of forfeited security deposit for moving to permanent quarters before lease expiration, is not entitled to reimbursement since garage rent is not an item of subsistence and security deposit forfeiture represents damages for breach of contract not rent. See 47 Comp.Gen. 189 and court cases cited.
This refers further to your letter of March 28, 1973, reference f62 cdfcf), requesting an advance decision as to the propriety of paying Mr. John A. Ronscavage temporary quarters allowance for 20 days under the circumstances related below.
Under travel authorization dated November 24, 1971, Mr. Ronscavage traveled from san francisco, California, to denver, Colorado incident to a permanent change of station and was authorized allowances specified in office of management and budget circular no. A-56, revised August 17, 1971.
In attempting to secure permanent housing Mr. Ronscavage stated that he was unable to determine how long it would be before he was able to secure permanent quarters. He initially entered into a year's lease with brooks towers, an apartment building in downtown denver, with the understanding that he would in all probability vacate his leased apartment as soon as more permanent housing was arranged. Mr Ronscavage indicated that under the conditions of the lease he was to pay $250 per month rental, $25 per month garage rental, and a deposit of $250. After residing at brooks towers from January 15, 1972, to April 18, 1972, Mr Ronscavage moved into a house which he had purchased.
In making claim for temporary quarters allowance he has selected the first 20 days of temporary subsistence, the maximum to which he is entitled under pertinent regulations since he had elected to make an advance house hunting trip. Mr. Ronscavage submitted his claim as follows:
First 10 days, Jan. 15-19 $16.83 x 4 $ 67.32
(rented temporary room $16.00 per day, PLUS daily garage rate of $.83)
Plus meals and cleaning fees 60.75
Jan 19-24 $9.16 x 6 $ 54.96
($8.83 daily prorated rent and $.83 garage rate)
Plus meals and cleaning fees 71.50
Plus 10 days deposit at $2.38 per day 23.80
Total claim $278.33
Second 10 days, Jan. 25-feb. 3, 1972, $9.16 x 10 91.60
($8.83 daily prorated rent, PLUS $.83 garage rate)
Plus meals and cleaning fees 119.75
Plus 10 days prorated deposit 23.80
Total claim $235.15
Your request for decision apparently is concerned with the items for garage rent and prorated deposit.
It is noted that Mr. Ronscavage arrived at his new duty station in denver January 15, 1972, and his family arrived the following day, January 16. Mr. Ronscavage occupied a room at brooks towers, January 15, through January 18, 1972, for which a cancelled check shows he paid $64. January 19, 1972, he and his family moved into an apartment for which a cancelled check shows he paid $250 rent per month. Mr. Ronscavage rented the apartment on a lease basis since it was uncertain as to when he could sell his residence at his old station. By check dated December 13, 1971, or approximately one month before his actual transfer, Mr. Ronscavage paid a $250 security deposit to brooks towers. It is also noted that by letter of July 28, 1972, van schaack & company, which...
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