Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                         _____________________
 
                            January 7, 2000
                         _____________________
 
 
                            GSBCA 15168-TRAV
 
 
                   In the Matter of THOMAS F. FINIGAN
 
 
        Thomas F. Finigan, Baltimore, MD, Claimant.
 
        J. Patrick O'Toole, Director, Division of Travel Management,
   Social  Security  Administration,  Baltimore, MD,  appearing  for
   Social Security Administration.
 
   DeGRAFF, Board Judge.
 
        Applicable   regulations   do   not   preclude   or    limit
   reimbursement of an  employee s temporary  duty lodging  expenses
   when  the employee  signs a  lease  for an  apartment  to use  as
   lodging  for the  anticipated  duration  of  the  temporary  duty
   assignment, even  if a  relative of the  employee also  signs the
   lease and stays in the apartment.
 
                               Background
 
        In 1998, Thomas F. Finigan  and his wife, Linda Porzio, were
   employed by the  Social Security Administration (SSA)  in Boston,
   Massachusetts.   Some  time that  year,  SSA sent  Ms. Porzio  to
   Baltimore,  Maryland, for a long-term temporary duty assignment. 
   In early January 1999, SSA in Boston notified Ms. Porzio that she
   needed to conclude  her temporary duty assignment in Baltimore by
   the end of February and then return to Boston.  
 
        In  early  February 1999,  Ms.  Porzio asked  SSA  in Boston
   whether  it would  permit her  to extend  her stay  in Baltimore,
   because Mr. Finigan expected to come to Baltimore for a temporary
   duty assignment  beginning in  March 1999.   SSA replied  that it
   could  not extend  her  assignment in  Baltimore because  she was
   needed in  Boston.  In  mid-February, SSA in Baltimore  asked Ms.
   Porzio  whether she  would consider  accepting  a permanent  duty
   assignment there.  
 
        SSA  signed  a  travel  authorization  for  Mr.  Finigan  on
   February 25, 1999, showing that his period of travel in Baltimore
   would  be  February 27  through  July  5,  1999.   Mr.  Finigan's
   temporary duty assignment  in Baltimore  would run  from March  1
   through  June 30.   The  authorization  stated that  he would  be
   reimbursed for  his lodging  expenses.  Mr.  Finigan traveled  to
   Baltimore on February 28, checked into a hotel, and began looking
   for other lodging.  On March 3, he paid a security deposit for an
   apartment, and he was scheduled to move there on March 13. 
 
 
        In the meantime, SSA  officials in Boston and Baltimore  had
   been discussing Ms. Porzio's  situation.  In early  or mid-March,
   SSA approved Ms. Porzio's permanent duty assignment to Baltimore,
   effective  March 14.  Although Ms. Porzio's travel authorization,
   dated March 12, stated that she would be reimbursed for temporary
   quarters  expenses for thirty days,  Ms. Porzio never submitted a
   claim for reimbursement of  temporary quarters expenses  pursuant
   to her travel orders.  
 
        The apartment  that Mr.  Finigan expected  to  move into  on
   March 13 did not become available until March 17.  On  that date,
   he  and  Ms. Porzio  signed a  lease for  the apartment,  with an
   ending date of June 30, 1999.  The lease provided that after June
   30, it would  became a month-to-month lease.   In SSA's view, the
   apartment probably did not constitute permanent quarters, because
   the lease was for a short term and Mr. Finigan and Ms. Porzio did
   not  move  any  of  their  household goods  from  Boston  to  the
   apartment.  
 
        In early  June 1999, SSA  asked Mr. Finigan  if he would  be
   interested  in  extending  his   temporary  duty  assignment   in
   Baltimore.  He agreed and  on June 10, SSA authorized Mr. Finigan
   to stay  in Baltimore  through October 22,  1999.   Mr. Finigan's
   June  10 travel authorization stated  that he would be reimbursed
   for his lodging expenses.  
 
        Mr. Finigan submitted  a claim to  SSA for reimbursement  of
   his lodging  expenses while he  was in Baltimore.   SSA initially
   agreed  to pay  the claim  and then  decided not to  pay it.   In
   response to our  request for comments,  SSA states quite  frankly
   that  it is not sure who it should reimburse for lodging expenses
   for  what period  of time,  although it  is willing  to reimburse
   someone for lodging expenses.  
 
                               Discussion
 
        The  only  Federal  Travel   Regulation  that  might  either
   preclude  or limit SSA s  reimbursement of Mr.  Finigan s lodging
   expenses is 41 CFR 301-11.12(c) (1999), which provides that if an
   employee  performing temporary duty  is lodging with  a relative,
   the employee can be reimbursed only for whatever additional costs
   the host  incurs in accommodating  the employee.  SSA  points out
   that its internal  regulations contain a similar  provision which
   explains that  a traveler  will not  generally be  reimbursed for
   lodging  provided by a  relative because proper  documentation of
   the additional costs attributable to the employee is difficult to
   provide.     SSA   Administrative  Instructions   Manual  System,
   Financial Management Manual, SSA.g:07.19.02.  
 
        The regulations  concerning  lodging with  relatives do  not
   preclude or limit Mr. Finigan s claim for lodging expenses.   The
   apartment was  Mr. Finigan s,  as well  as Ms. Porzio s,  because
   they both signed the lease, the lease described them as residents
   and  leaseholders,  and the  lease said  that the  residents were
   responsible  for  paying  the  rent.    Mr.  Finigan secured  the
   apartment  in anticipation of  occupying it during  his temporary
   duty assignment in Baltimore, as  is shown by the fact  that when
   he paid the security deposit  for the apartment, he expected that
   his temporary assignment in Baltimore would continue through June
   30, and  he was  not sure  that Ms.  Porzio would  be staying  in
   Baltimore.   We  do not  read  the regulations  as precluding  or
   limiting  reimbursement when  an employee  signs a  lease for  an
   apartment to use as  lodging during a temporary  duty assignment,
   even if a relative of the employee also signs the lease and stays
   there.   Because  the apartment where Mr. Finigan stayed  was his
   as well as Ms. Porzio s, and because he secured  the apartment in
   anticipation of occupying it during his temporary duty assignment
   in Baltimore, the regulations do not preclude or limit his claim.
    
 
        SSA  asks  whether,  if  Mr.   Finigan  is  entitled  to  be
   reimbursed for his lodging expenses, he can be reimbursed for the
   expenses he incurred  after Ms. Porzio s period  of reimbursement
   for temporary quarters expired.  SSA s concern is that after that
   period expired, Ms.  Porzio did not move into permanent quarters.
   If she had, then she,  and not Mr. Finigan, would presumably have
   been paying  for those  quarters.  Ms.  Porzio was  not required,
   however, to  secure permanent quarters.   The only effect  of the
   expiration  of her  temporary quarters  reimbursement period  was
   that she  could not look to SSA to  continue to reimburse her for
   temporary   quarters  expenses.       Mr.  Finigan s   claim  for
   reimbursement is not affected by the fact that Ms. Porzio did not
   secure permanent quarters because she  was not required to do so.
 
        The claim is granted.
   ___________________________________
 
                                      MARTHA H. DeGRAFF
                                      Board Judge