Challenging Quarters Rental Rates

TABLE OF CONTENTS

OVERVIEW

4.1 What is the purpose of this chapter? This chapter explains how U.S. Fish and Wildlife Service (Service) employees who live in Government-furnished quarters may request a reconsideration or appeal of their rental rates.

4.2 What is the scope of this chapter? This chapter applies to all employees involved in the management of quarters the Service owns, leases, or manages through other means (e.g., service level agreements).

4.3 What is the overall policy? A tenant may request a reconsideration of rental rates when the tenant believes:

A. The Project Leader/Field Station Manager has reported incorrect inventory data on quarters, or

B. The Regional Quarters Officer (RQO) established rental rates that do not meet Department of the Interior (Department) guidelines or those in the Office of Management and Budget (OMB) Circular A-45, Rental and Construction of Government Quarters.

4.4 What are the authorities and responsibilities for this chapter? See 371 FW 1 for a list of the authorities and responsibilities for all the chapters in Part 371.

PROCEDURES

4.5 How does the Service explain to tenants how it established a rent amount, and what does a tenant do if the tenant thinks the data on which the rent is based is incorrect? 

A. The Service:

(1) Notifies the tenant of initial rent and any subsequent rent changes by providing a package of forms that includes a printout of the housing unit inventory data. This printout shows itemized rent adjustments based on the specific parameters, such as number of rooms, housing unit type, utility costs, from an established area; and

(2) Provides a Government Housing Rent Detail, Form DI-1880, printed through the internet Quarters Management Information System (iQMIS), to the tenant that includes general quarters information, administrative adjustments, and appliance, furniture, and utility charges and related facilities.

B. If a tenant believes that any of the inventory data affecting the rent or adjustments, charges, and credits are incorrect, the tenant may ask the Project Leader/Field Station Manager to correct the matter. The Project Leader/Field Station Manager must send corrections to the RQO. The RQO determines if the rent is accurate using the floor plans available in the Regional Realty or Engineering files or a Comprehensive Condition Assessment from the Regional Facilities Management Coordinator.

(1) If the RQO confirms an inaccuracy in the rent calculation, the RQO must recompute the rent based on the revised inventory data.

(2) If the error is because the floor plans are not current or available, the RQO must obtain floor plans from the station and recompute the rent.

     (a) If the re-computation results in a lower rental rate, the RQO ensures the employee is issued a refund reflecting the difference. The difference is calculated by going back to the last rent change notice that included inventory data. 

     (b) If the re-computation results in a higher rental rate, the RQO (or Tenant Manager) will print new rental rate documents from iQMIS and provide the documents to the tenant. The higher rate will go into effect after a 30-day rental rate notification period.

4.6 What may an employee tenant do if a rate significantly exceeds comparable local rents? If an employee tenant believes the rental rates in the survey area are significantly higher (10 percent or more) than the local rates of housing, the tenant may file a written request for reconsideration. The affected employee(s) must file the request; a Government representative cannot file it. A request for reconsideration is a prerequisite to filing an appeal to the Department’s Office of Hearings and Appeals. 

A. Following are guidelines for what employee tenants may and may not contest:

(1) Employee tenants may not contest rent adjustments for inflation, as inflation adjustments are mandated by OMB Circular A-45. The annual inflation adjustment may not serve as a vehicle for reexamination of the rental market rate or market survey process.

(2) Employee tenants may not contest the established market value except when a new private rental market survey is implemented (i.e., Regional Quarters Rental Survey or census-related Nearest Established Community (NEC) Survey). 

(3) Baseline surveys may only be contested within 30 days of receipt of the original notice of change in rate resulting from a market survey.

(4) An employee tenant has the right to request a reconsideration of the new rental survey rate if it is not reflective of the private rental market in the NEC and documentation of incongruent market values are provided with the request.

B. The request for reconsideration of the new rental survey rate must be submitted in writing (in hard copy or email) to the Project Leader/Field Station Manager, with all supporting documentation, within 30 days of receipt of a rent change notice or Tenant Rent Notice, Form DI-1882, from the Tenant or Housing Manager. The request should include detailed information on the basis for it and the names of all tenants participating. 

(1) If requesting a review of market value, the employee must include proof that the rental rate is too high for similar housing in the NEC as defined by Circular A-45. The employee must include at least five private rental market comparables from the NEC similar to the employee’s housing type, size, and number of bedrooms/bathrooms. Employees should use the Private Rental Market Housing Comparable Form DI-1873 to document each private rental unit provided.

     (a) The tenant(s) and the Project Leader/Field Station Manager should meet first to look over the documents and discuss the issue, ensuring there are no errors in the system and all needed documentation is in hand. If the issue is not resolved at that level or if further consultation is needed, the RQO may need to become involved in the discussions.

     (b) If the Project Leader/Field Station Manager and RQO are unable to resolve the issue quickly and informally, they may contact the National Quarters Officer for assistance. If the issue remains unresolved, the request elevates to a formal review by the iQMIS Help Desk.

(2) The Project Leader/Field Station Manager must send the request and all supporting documentation to the Department of the Interior Business Center’s (IBC) Quarters Program Manager (iqmis_helpdesk@ibc.doi.gov) for review and input before responding. The IBC will respond within 5 business days of receipt of a request.

(3) The Project Leader/Field Station Manager must respond to the employee(s) within 30 days of receiving the request. They also must provide a copy of the IBC’s input in the response to the employee tenant. The failure of the Project Leader/Field Station Manager to respond within 30 days is considered a denial and grounds for appeal.

(4) Filing a request for reconsideration does not delay implementation of the revised rental rates and related facilities charges. However, the Service can credit the employee tenant with whatever overpayment, if any, resulted during the period from the date the rental increase became effective to the date the rate is modified. Conversely, the employee must pay the Government whatever underpayment, if any, resulted during this period.

C. An employee tenant may only file an appeal after a request for reconsideration has been denied, or denied in part, by the Project Leader/Field Station Manager, including failures to reply within 30 days.

D. An employee tenant must file any appeal in writing within 30 calendar days of the date that the employee tenant receives a decision from the Project Leader/Field Station Manager. The employee tenant must file it with:

     The Office of Hearings and Appeals

     801 N. Quincy Street, MS 300-QC 

     Arlington, VA 22203

(1) Matters not raised in the initial request for reconsideration, and evidence not provided in the initial request, are not to be considered on appeal. An appeal must specify the errors alleged and must list the names of all employee tenants participating in the appeal. 

(2) The Ad Hoc Board reviewing the appeal will dismiss it if there is a failure to specify the errors alleged.

E. See the Department’s Housing Management Handbook, section 5.4, for more information about the appeal of rental rates.

4.7 What may a non-employee tenant do if a rate significantly exceeds comparable local rents? Only employees may request reconsideration of rental rate determinations. Non-Federal tenants cannot seek reconsideration or appeal.