R 151334Z OCT 08
MARADMIN 588/08
MSGID/GENADMIN,USMTF,2007/CMC WASHINGTON DC MRA /MP//
SUBJ/SHORT DISTANCE MOVE FOR RENTERS DISPLACED BY LANDLORD
/FORECLOSURE//
REF/A/MSGID:DOC/JFTR UTD 75-08/YMD:20080808//
REF/B/MSGID:DOC/P.L. 110-289, SEC.2609/YMD:20080730//
NARR/REF A IS MEMORANDUM FROM THE DIRECTOR, PER DIEM TRAVEL AND
TRANSPORATION ALLOWANCE COMMITTEE (PDTATAC) ANNOUNCING CHANGES TO
THE JOINT FEDERAL TRAVEL REGULATIONS (JFTR). REF B IS THE HOUSING
AND ECONOMY ACT FOR 2008, SIGNED 30 JUL 2008. REF B IS CODIFIED IN
37 USC SECTION 406(L) AND (M).//
POC/K. CERNY/MR/UNIT:CMC (MPO)/-/TEL:(703) 784-9387/TEL:DSN 278-9387
//
GENTEXT/REMARKS/1. THIS MARADMIN ANNOUNCES CHANGES TO JFTR CHAPTER
5, PART D, PARAGRAPH U5355-D AND PROVIDES PROCEDURES FOR
IMPLEMENTING SAME. PER REF A, THE SERVICES HAVE RELEASED A
UNIFORMED TRAVEL DETERMINATION THAT IMPLEMENTS CHANGES OF LAW IN
REFERENCE B.
2. RECENT ECONOMIC CONDITIONS HAVE RESULTED IN A NUMBER OF HOME
FORECLOSURES THAT HAVE NEGATIVELY IMPACTED MARINE CORPS MEMBERS AND
THEIR FAMILIES. THROUGH NO FAULT OF THEIR OWN, THESE FAMILIES HAVE
BEEN SERVED WITH EVICTION NOTICES DESPITE HAVING PAID THEIR RENT ON
TIME. SUCH SITUATIONS ARE THE RESULT OF THE LANDLORD'S FAILURE TO
PAY THEIR MORTGAGE COMPANY AND ARE NOT THE RESPONSIBILITY OF THE
MARINE.
3. AS A RESULT OF REFERENCE B, EFFECTIVE 30 JULY 2008, A MEMBER OF
THE ARMED SERVICES WHO RELOCATES, OR WHOSE DEPENDENT RESIDING AT AN
ALTERNATE PLACE OF RESIDENCE RELOCATES, FROM LEASED OR RENTED
PRIVATE HOUSING, BY REASON OF A FORECLOSURE ACTION AGAINST THE
LANDLORD, IS AUTHORIZED A FUNDED SHORT DISTANCE MOVE. THIS
PROVISION DOES NOT APPLY TO "SHORT SALES" OR IF A MEMBER AND/OR
DEPENDENT IS THE HOMEOWNER. THE SHORT DISTANCE MOVE FOR THE MEMBER
IS TO ANOTHER DWELLING FROM WHICH THE MEMBER IS TO COMMUTE DAILY TO
THE PERMANENT DUTY STATION (PDS). IN CASES WHERE DEPENDENTS ARE
FORCED TO VACATE, THE LOCAL MOVE IS TO ANOTHER DWELLING WITHIN THE
LOCAL AREA OF THE DEPENDENTS' DESIGNATED LOCATION. THE PCS HHG
WEIGHT ALLOWANCES IAW JFTR, PARA U5310-B APPLY. A DISLOCATION
ALLOWANCE (DLA), STORAGE IN TRANSIT (SIT), AND NON-TEMPORARY STORAGE
(NTS) ARE NOT AUTHORIZED UNDER THIS PROVISION.
4. A MEMBER SUBJECT TO THIS ACTION SHOULD REQUEST
AUTHORIZATION/APPROVAL FOR A SHORT DISTANCE MOVE (INCLUDING PPM OR
DITY) FROM THE MEMBER'S LOCAL MILITARY HOUSING OFFICE. THE HOUSING
OFFICER SHOULD ISSUE A LETTER OF AUTHORIZATION COMPLETE WITH FUND
CITE. THE MEMBER SHOULD THEN PRESENT THIS AUTHORIZATION TO THE
SUPPORTING PERSONAL PROPERTY SHIPPING OFFICER (PPSO) FOR A MOVE TO
BE SCHEDULED.
5. IN ORDER TO OBTAIN A SHORT DISTANCE MOVE THE MEMBER MUST PROVIDE
TO THE HOUSING OFFICER A COPY OF MEMBER'S EVICTION NOTICE AND, WHERE
POSSIBLE, 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
BASE OR INSTALLATION STAFF JUDGE ADVOCATE (SJA) TO DETERMINE WHAT
DOCUMENTATION WILL SUFFICE TO ESTABLISH THAT THE SERVICEMEMBER'S
MOVE IS REQUIRED DUE TO A FORECLOSURE AFFECTING THE SERVICEMEMBER'S
LANDLORD.
6. THE MEMBER MAY CONSULT A LEGAL ASSISTANCE ATTORNEY BEFORE USING
THIS AUTHORITY TO DETERMINE IF ADDITIONAL REMEDIES UNDER
SERVICEMEMBER'S CIVIL RELIEF ACT (50 USC, APP 531), AND/OR STATE
LANDLORD-TENANT LAWS APPLY.
7. SUBJECT MOVES WILL BE FUNDED AT INSTALLATION LEVEL BY USE OF
OPERATIONS AND MAINTENANCE MARINE CORPS (O&MMC) FUNDING. IN
LOCATIONS WHERE CROSS SERVICE AGREEMENTS ARE IN FORCE, LOCAL O&MMC
FUNDS WILL BE USED TO FUND SUBJECT MOVES. WHEN CROSS SERVICING
AGREEMENTS HAVE NOT BEEN MADE, THE PARENT SERVICE IS RESPONSIBLE FOR
FUNDING.
8. THIS MESSAGE HAS BEEN COORDINATED WITH CMC (MPO), (LFF), (LPD),
(JAL) AND (RFF).
9. POINT OF CONTACT FOR MOVE REQUESTS IS THE LOCAL HOUSING OFFICE
OR COMMAND. POINT OF CONTACT FOR POLICY IS MR. KERRY CERNY, CMC
(MPO) AT (703) 784-9387/DSN 278 OR EMAIL AT KERRY.CERNY@USMC.MIL.
10. RELEASE AUTHORIZED BY MR. M. F. APPLEGATE, DIRECTOR, MANPOWER
PLANS AND POLICY DIVISION, M&RA.//