TABLE OF CONTENTS
| Topics | Sections |
3.1 What is the purpose of this chapter? 3.2 What is the scope of this chapter? 3.3 What is the overall policy? 3.4 What are the authorities and responsibilities for this chapter? | |
| DOCUMENTING REQUIRED OCCUPANCY | 3.5 What documentation is necessary to establish required occupancy? 3.6 What criteria must a tenant meet for their rent to be exempt from Federal taxes? 3.7 What are the procedures to add an occupancy requirement to an existing position? |
| REQUESTS FOR RECONSIDERATION AND APPEALS | 3.8 What are the procedures for requesting reconsideration of required occupancy of quarters? 3.9 What process does the Service follow for reconsideration/appeal for required occupancy of employees who belong to unions? |
OVERVIEW
3.1 What is the purpose of this chapter? This chapter describes:
A. How the U.S. Fish and Wildlife Service (Service) certifies required occupancy in quarters for a position,
B. Documentation necessary for required occupancy,
C. How employees can appeal decisions about required occupancy, and
D. What the criteria are for employees to claim tax exemptions because of required occupancy.
3.2 What is the scope of this chapter? This chapter applies to all employees involved in the management of quarters that the Service owns, leases, or manages through other means (e.g., service level agreements).
3.3 What is the overall policy?
A. We use required occupancy of quarters, in accordance with 5 U.S.C. 5911(e) and the Department of the Interior’s (Department) Housing Management Handbook, Chapter 3, when there is a requirement for after-hours service or protection of Service property or resources.
B. For a position to be designated as required occupancy:
(1) The station manager must clearly identify the duties the employee could only perform by occupying Government-furnished quarters to justify the need for required occupancy.
(2) For example, the positions of specifically trained individuals needed to respond to after-hour emergencies such as law enforcement incidents, threats to the operation of hatcheries, outbreak of fires, etc. may be required to occupy quarters.
3.4 What are the authorities and responsibilities for this chapter?
A. See 371 FW 1 for a list of authorities and responsibilities for all the chapters in Part 371.
B. For more information about position requirement determinations, see the Service's Position Management and Position Classification Handbook, section 6.C.10.
DOCUMENTING REQUIRED OCCUPANCY
3.5 What documentation is necessary to establish required occupancy? The electronic Official Personnel File (eOPF) must include the documentation shown in Tables 3-1 through 3-3.
Table 3-1: Documentation for Required Occupancy Position Posting
| Position Stage | Documentation Required | Other Requirements |
| Determining a position requires occupancy of Government-furnished quarters | DI-1872, Certificate of Required Occupancy | The Project Leader/hiring manager submits the completed DI-1872 as part of the recruitment action. The specific criteria requiring occupancy must be clearly described in the form. The appropriate Assistant Regional Director (ARD) approves the requirement. |
| Advertising a required occupancy position |
| The requirement to occupy Government- furnished quarters must be in the position description and the vacancy announcement. |
Table 3-2: Documentation for Newly Hired Required Occupant
| Documentation Required | Other Requirements |
| Written offers of employment/confirmation letters | The letter offering employment or confirming selection must state the required occupancy as a condition of employment. |
| SF-50, Notification of Personnel Action | The Project Leader/hiring manager must provide a copy of the SF-50 to the Regional Quarters Officer (RQO) within the same pay period the action is effective so the tenant record in the internet Quarters Management Information System (iQMIS) can be updated. |
| Employee Certification of Appeal Rights for Required Occupancy (FWS Form 3-2411) | The immediate supervisor must provide the newly hired employee information about the right to appeal a required occupancy determination at a later date. The employee completes this form to record the notification. |
Table 3-3: Documentation for Existing Employees
| Documentation Required | Other Requirements |
| Position description | The servicing Human Resources office must amend the position description. |
| Employee Certification of Appeal Rights for Required Occupancy (FWS Form 3-2411) | The immediate supervisor provides the employee information about the right to appeal a required occupancy determination at a later date. The employee completes this form to record the notification. |
| SF-50, Notification of Personnel Action | The Project Leader/hiring manager must give a copy of the SF-50 to the RQO within the same pay period the action is effective. |
3.6 What criteria must a tenant meet for rent to be exempt from Federal taxes?
A. For a tenant who must occupy Government-furnished quarters to qualify for tax exemption for the rent, the tenant must meet all the following Internal Revenue Service (IRS) criteria (see 26 U.S.C. 119):
(1) The lodging must be furnished for the convenience of the Service,
(2) The employee must accept such lodging as a condition of employment, and
(3) The lodging must be on Service-owned or leased land.
B. The RQO certifies IRS tax exemption eligibility on the payroll deduction input form, which means all rental payments are exempt from income and Old Age, Survivors, and Disability Insurance (OASDI)/Medicare taxes.
3.7 What are the procedures to add an occupancy requirement to an existing position?
A. When a Project Leader/supervisor wants to add an occupancy requirement to an employee’s existing position, the Project Leader/supervisor must justify it as a serious and immediate need, and the affected incumbent must voluntarily agree to such a designation. At least 30 days prior to adding the requirement, the Project Leader/supervisor must inform the employee in writing of the intention to send Form DI-1872 to the RQO to request approval from the programmatic ARD. The Project Leader/supervisor’s written notification to the employee must:
(1) Describe the reason(s) for the planned change;
(2) Identify the duties the employee must perform while occupying Government-furnished quarters, including those that the employee could only perform by occupying the quarters;
(3) If the reason for the required occupancy is to perform after-hours duties, include a statement indicating that the Project Leader/supervisor has approached other employees who were qualified to perform the after-hour duties and asked for volunteers to occupy the quarters; and
(4) Describe the employee’s right to accept or deny, within 30 days of notice from the Project Leader/supervisor, the change in the position description to required occupancy status.
B. After accepting the change in required occupancy,the Project Leader/supervisor must give the employee as much as 3 months from the time they were notified of the ARD’s approval of the Form DI-1872 to move into the Government-furnished quarters. This gives the employee time to resolve any private housing commitments (e.g., break an existing lease).
REQUESTS FOR RECONSIDERATION AND APPEALS
3.8 What are the procedures for requesting reconsideration of required occupancy of quarters?
A. If an employee decides at a later date that they do not want to occupy quarters as required or feels that the requirement is not valid as a condition of employment, the employee may request in writing that the Project Leader/supervisor:
(1) Reconsider the need for required occupancy and document the reasons why it is not a valid requirement, or
(2) If the required occupancy is to perform after-hours duties, survey other employees at the station who can perform the required after-hours duties to see if one would be willing to assume required occupancy and perform the associated duties.
B. If the Project Leader/supervisor (or their immediate supervisor if the required occupant is the Project Leader/supervisor) denies the request, the employee may appeal the decision to the ARD for their program. If the appeal is approved and the employee is no longer a required occupant, they must either vacate the quarters or sign a new lease as a permitted tenant.
(1) If the tenant becomes a permitted occupant, they must sign a new quarters assignment agreement (i.e., lease).
(2) As a regular occupant (not a required occupant), the tenant is no longer eligible for tax exemptions on rental payments.
(3) The Service also reserves the right to ask, with a 30-day notice, the occupant to vacate quarters if the unit is needed for a required occupant.
C. The ARD must review the appeal, consulting the RQO or the National Quarters Officer, or both, as needed and recommend appropriate action. The ARD or immediate supervisor, or both, should consult with a Headquarters Employee-Management Relations Specialist in the Human Capital Division before the final decision is made on the appeal since it is a condition of employment. The employee may not move out of the quarters until informed of the outcome of any request for reconsideration or appeal.
3.9 What process does the Service follow for reconsideration/appeal for required occupancy of employees who belong to unions?
A. Satisfying labor management obligations: The Department's Office of Human Capital is responsible for satisfying national consultation rights obligations with Federal employee unions. The Service’s Division of Human Capital must contact local unions representing affected employees and satisfy impact and implementation obligations for collective bargaining.
B. Appealing effect of required occupancy: Employees covered by a union have the right to appeal the effect of a required occupancy determination under the terms of a collective bargaining agreement. The Service addresses appeals under bargaining agreements using normal labor management procedures.