______________________________ June 26, 1997 ______________________________ GSBCA 13678-RELO In the Matter of ELIZABETH J. FRANCHI Elizabeth J. Franchi, Mequon, WI, Claimant. W. Kenneth Ruyle and Dwain R. Winstead, Department of Veterans Affairs, Tuscaloosa, AL, appearing for Department of Veterans Affairs. WILLIAMS, Board Judge. Background At issue in this case is claimant s request for reimbursement of $933.33 representing prorated rent she paid during the period of April 21, 1995, to May 2, 1995, when she occupied a residence which eventually became her permanent home. Additionally, claimant seeks $350 for meals and other incidental costs that were incurred during that period. The Department of Veteran Affairs Medical Center of Tuscaloosa, Alabama, denied payment, and claimant filed an appeal with the General Accounting Office (GAO) on September 25, 1995. Claimant and her family were relocated from Mendota Heights, Minnesota, to Tuscaloosa, Alabama. During the period of April 9 to April 21, 1995, claimant and her children resided in the Hampton Inn in Tuscaloosa. On April 21, 1995, claimant checked out of this hotel and moved into a house which she had contracted to buy. The closing for her purchase of this home was to occur on May 2, 1995. The seller/contractor agreed to lease this home to the claimant during the period of April 21 until May 2, 1995, and it is for this period that the claimant seeks reimbursement. On April 22, 1995, all claimant s household goods were moved into this new residence. Claimant preferred to move into the home prior to May 2, 1995, so that she could re-establish her children in a normal neighborhood and family setting. The Department of Veteran Affairs Medical Center denied reimbursement for this period, stating that occupation of permanent quarters terminates the reimbursement for residing in temporary quarters. Claimant, however, states that at the time she occupied the residence, she was not certain whether she would be occupying that residence permanently. Claimant states that her permanent occupation of that residence was dependent both on meeting the closing requirements on May 2, 1995, and on factors relating to the successful sale of her home in Mendota Heights, Minnesota; the closing on the Minnesota home occurred on April 27, 1995. Discussion In disallowing this claim, the agency relied upon Federal Travel Regulation (FTR) 302-5.2(f), which provides in relevant part that the period of eligibility (for reimbursement) shall terminate when the employee or any member of the immediate family occupies permanent residence quarters or when the authorized period of time expires, whichever occurs first. 41 CFR 302-5.2(f) (1996). Claimant disputes the applicability of this provision from April 21 to May 2, 1995, stating that during this period, she occupied temporary quarters because she was uncertain as to whether she would remain at that residence permanently until the May 2 closing. Federal Travel Regulation 302-5.2(c) provides guidance in determining what constitutes temporary quarters: Generally, the term temporary quarters refers to lodging obtained from private or commercial sources for the purposes of temporary occupancy after vacating the residence when the transfer was authorized. However, occupancy of temporary quarters that eventually become the employee s permanent residence shall not prevent payment of the temporary quarters allowance if, in the agency s judgment, the employee shows satisfactorily that the quarters occupied were intended initially to be only temporary. In making this determination, the agency should consider factors such as the duration of the lease, movement of household effects into the quarters, type of quarters, expressions of intent, attempts to secure a permanent dwelling and the length of time the employee occupies the quarters. 41 CFR 302-5.2(c) (1990). Here, the agency reasonably determined that claimant has not demonstrated that the leased residence was intended initially to be only temporary. Rather, claimant s actions prior to, and after, the move on April 21, 1995, manifested an intention to remain at this residence permanently. First, claimant had contracted to buy the home before moving in on April 21, 1995. The contract thus illustrated her intent to remain in that residence permanently. Second, claimant stated that she hoped to move into the new home as quickly as possible prior to the closing date due to a need to get our children settled in a home and a neighborhood, attending the neighborhood school and re-established in a normal family setting. There is no suggestion that claimant sought alternate housing for her permanent residence between April 21 and May 2 while leasing this home. Third, claimant moved all of the family s household goods into the residence on April 22, 1995. The movement of all claimant's household effects during the short lease period further supports the conclusion that claimant intended to remain at the residence permanently. Claimant contends that this leased residence was temporary until the closing on May 2, 1995, because the unsuccessful sale of her home in Minnesota might have interfered with that closing, thus preventing the new quarters from becoming permanent. In Paul E. Dyer, GSBCA 13802-RELO (Mar. 31, 1997), the claimant entered into a lease agreement and asserted that his permanent occupation of the leased residence depended on the successful sale of his old residence. The Board in Dyer found that it was reasonable for the agency to conclude that the Dyers intended to make the premises their permanent residence from the time they signed the lease. The Board cited circumstances similar to the instant case -- the claimant had begun to move household effects into the home, had expressed a desire not to relocate his children from the leased residence, and had not sought alternate housing. In sum, the evidence of record indicates that at the time she leased the premises claimant intended to reside in the home permanently. As such, she is not entitled to reimbursement for rent between April 21 and May 2, 1995. Because claimant did not occupy temporary quarters between April 21 and May 2, 1995, claimant is not entitled to subsistence expenses for this period. 41 CFR 302-5.1, 302-5.2(a). Decision The claim is denied. __________________________ MARY ELLEN COSTER WILLIAMS Board Judge