FUNDED MOVE FOR RENTERS DISPLACED BY LANDLORD FORECLOSURE

RTTUZYUW RUEWMCS0000 2771655-UUUU--RUCRNAD.
ZNR UUUUU
R 031655Z OCT 08
FM CNO WASHINGTON DC//N1//
TO NAVADMIN
INFO 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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