FUNDED MOVE FOR RENTERS DISPLACED BY LANDLORD FORECLOSURE : U. S. Military Recruiting

R 031655Z OCT 08
FM CNO WASHINGTON DC//N1//
TO NAVADMIN
spam CNO WASHINGTON DC//N1//
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UNCLAS //N01050//
NAVADMIN 281/08
MSGID/GENADMIN/CNO WASHINGTON DC/N1/OCT//
SUBJ/FUNDED MOVE FOR RENTERS DISPLACED BY LANDLORD FORECLOSURE//
REF/A/DOC/JFTR UNIFORM TRAVEL DETERMINATION 75-08/08AUG2008//
REF/B/DOC/P.L. 110-289, Sec. 2609// NARR/REF A IS MEMORANDUM FROM THE DIRECTOR, PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (PDTATAC) ANNOUNCING CHANGES TO THE JOINT FEDERAL TRAVEL REGULATIONS (JFTR). REF B IS THE HOUSING AND ECONOMY ACT FOR 2008 OF 30 JULY 2008.// RMKS/1. THIS NAVADMIN ANNOUNCES CHANGES TO JFTR CHAPTER 5, PART D PARAGRAPH U5355-D. PER REF A, THE PDTATAC HAS RELEASED A UNIFORMED TRAVEL DETERMINATION THAT IMPLEMENTS REF B.
2. RECENT ECONOMIC CONDITIONS HAVE RESULTED IN RECORD NUMBERS OF HOME FORECLOSURES ACROSS THE COUNTRY. SOME HAVE NEGATIVELY IMPACTED NAVY MEMBERS AND THEIR FAMILIES, WHO THROUGH NO FAULT OF THEIR OWN, HAVE BEEN FORCED TO MOVE BECAUSE LANDLORDS FAILED TO KEEP UP PAYMENTS ON RESIDENCES THAT THE MEMBERS AND THEIR FAMILIES HAVE LEASED OR RENTED.
3. AS A RESULT OF REF B, EFFECTIVE 30 JULY 2008, A MEMBER OF THE ARMED FORCES WHO RELOCATES, OR WHOSE DEPENDENTS RESIDING AT AN ALTERNATE PLACE OF RESIDENCE RELOCATE, FROM LEASED OR RENTED PRIVATE HOUSING, BY REASON OF A FORECLOSURE ACTION AGAINST THE LANDLORD, IS AUTHORIZED A FUNDED LOCAL MOVE AS PER JFTR PARA 5355.
4. BEFORE USE OF THIS AUTHORITY, MEMBERS SHOULD CONSULT THE LEGAL
ASSISTANCE OFFICE TO DETERMINE IF REMEDIES ARE AVAILABLE UNDER THE
SERVICEMEMBER'S CIVIL RELIEF ACT (50 USC, APP 531).
5. PERSONNEL SUBJECT TO THIS ACTION SHOULD APPLY FOR A LOCAL MOVE FROM THEIR INSTALLATION MILITARY HOUSING OFFICE. THE HOUSING OFFICER SHOULD ISSUE A LETTER OF AUTHORIZATION, COMPLETE WITH FUND CITE. THE MEMBER SHOULD THEN PROVIDE THIS AUTHORIZATION TO THE SUPPORTING PERSONAL PROPERTY SHIPPING OFFICER (PPSO) TO SCHEDULE A MOVE.
6. IN ORDER TO OBTAIN A LOCAL MOVE AUTHORIZATION, THE MEMBER MUST
PROVIDE THE HOUSING OFFICER WITH A COPY OF HIS/HER NOTICE THAT THEY ARE BEING REQUIRED TO MOVE BY REASON OF FORECLOSURE, AND THE LANDLORD'S NOTICE OF FORECLOSURE. DUE TO VARIATIONS IN STATE AND LOCAL LAW, THERE IS NO REQUIRED OR STANDARDIZED FORMAT FOR THESE DOCUMENTS. THE HOUSING OFFICER SHOULD CONSULT WITH THE STAFF JUDGE ADVOCATE (SJA) TO DETERMINE WHAT DOCUMENTATION WILL SUFFICE TO ESTABLISH, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE SERVICE MEMBER'S MOVE IS REQUIRED DUE TO A FORECLOSURE AFFECTING THE SERVICE MEMBER'S LANDLORD.
7. DEPENDENTS OF MEMBERS WHO ARE DEPLOYED, ON UNACCOMPANIED TOURS, OR OTHERWISE UNAVAILABLE, WHO MUST MOVE DUE TO FORECLOSURE SHOULD ALSO PROVIDE A POWER OF ATTORNEY FROM THE MEMBER OR A SPECIAL FORM PRESCRIBED BY THE PPSO CONFIRMING THAT THE DEPENDENT IS ACTING AS AN OFFICIAL REPRESENTATIVE OF THE MEMBER IN FILING A CLAIM OR REQUESTING A FUNDED MOVE.
8. LOCAL MOVES ARE NOT AUTHORIZED IF A MEMBER AND/OR DEPENDENT IS THE HOMEOWNER. NEITHER DISLOCATION ALLOWANCE, NOR TEMPORARY STORAGE, IS AUTHORIZED UNDER THIS PROVISION. THE MEMBER'S HHG PCS WEIGHT ALLOWANCE IS AUTHORIZED.
9. SUBJECT MOVES WILL BE FUNDED AT INSTALLATION LEVEL BY USE OF
OPERATIONS AND MAINTENANCE (O&M), NAVY FUNDS. IN LOCATIONS WHERE CROSS SERVICE AGREEMENTS ARE IN FORCE, LOCAL O&M, NAVY FUNDS WILL BE USED TO FUND SUBJECT MOVES. WHEN CROSS SERVICING AGREEMENTS HAVE NOT BEEN MADE, THE PARENT SERVICE IS RESPONSIBLE FOR FUNDING.
10. POINT OF CONTACT FOR MOVING REQUESTS IS THE LOCAL HOUSING OFFICE. POINT OF CONTACT FOR POLICY QUESTIONS IS MR. COTTON BOWEN, OPNAV N130E2, AT (703) 695-3322/DSN 225 OR EMAIL AT COTTON.BOWEN(AT)NAVY.MIL.
RELEASED BY VADM M. E. FERGUSON III, N1.//
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