[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR17.43]



[Page 208-209]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 17_ADMINISTRATIVE CLAIMS--Table of Contents

 

  Subpart B_Claims Under the Military Personnel and Civilian Employees 

                           Claims Act of 1964

 

Sec.  17.43  Allowable claims.



    (a) A claim may be allowed only if:

    (1) The damage or loss was not caused wholly or partly by the 

negligent or wrongful act of the claimant, his agent, the members of his 

family, or his private employee (the standard to be applied is that of 

reasonable care under the circumstances); and

    (2) The possession of the property lost or damaged and the quantity 

possessed is determined to have been reasonable, useful, or proper under 

the circumstances; and

    (3) The claim is substantiated by proper and convincing evidence.

    (b) Claims which are otherwise allowable under this part shall not 

be disallowed solely because the property was not in the possession of 

the claimant at the time of the damage or loss, or solely because the 

claimant was not



[[Page 209]]



the legal owner of the property for which the claim is made. For 

example, borrowed property may be the subject of a claim.

    (c) Subject to the conditions in paragraph (a) of this section, and 

the other provisions of this subpart, any claim for damage to, or loss 

of, personal property incident to service with HUD may be considered and 

allowed. The following are examples of the principal types of claims 

which may be allowed, but these examples are not exclusive and other 

types of claims may be allowed, unless excluded by Sec. Sec.  17.44 and 

17.45:

    (1) Property loss or damage in quarters or other authorized places. 

Claims may be allowed for damage to, or loss of, property arising from 

fire, flood, hurricane, other natural disaster, theft, or other unusual 

occurrence, while such property is located at:

    (i) Quarters within the 50 States or the District of Columbia that 

were assigned to the claimant or otherwise provided in kind by the 

United States;

    (ii) Quarters outside the 50 States and the District of Columbia 

that were occupied by the claimant, whether or not they were assigned or 

otherwise provided in kind by the United States, except when the 

claimant is a civilian employee who is a local inhabitant; or

    (iii) Any warehouse, office, working area, or other place (except 

quarters) authorized or apparently authorized for the reception or 

storage of property.

    (2) Transportation or travel losses. Claims may be allowed for 

damage to, or loss of, property incident to transportation or storage 

pursuant to orders, or in connection with travel under orders, including 

property in the custody of a carrier, an agent or agency of the 

Government, or the claimant.

    (3) Manufactured homes. Claims may be allowed for damage to, or loss 

of, manufactured homes and their contents under the provisions of 

paragraph (c)(2) of this section. Claims for structural damage to 

manufactured homes, other than that caused by collision, and damage to 

contents of manufactured homes resulting from such structural damage, 

must contain conclusive evidence that the damage was not caused by 

structural deficiency of the manufactured home and that it was not 

overloaded. Claims for damage to, or loss of, tires mounted on 

manufactured homes will not be allowed, except in cases of collision, 

theft, or vandalism.

    (4) Enemy action or public service. Claims may be allowed for damage 

to, or loss of, property as a direct consequence of:

    (i) Enemy action or threat thereof, or combat, guerrilla, 

brigandage, or other belligerent activity, or unjust confiscation by a 

foreign power or its nationals;

    (ii) Action by the claimant to quiet a civil disturbance or to 

alleviate a public disaster; or

    (iii) Efforts by the claimant to save human life or Government 

property.

    (5) Property used for benefit of the Government. Claims may be 

allowed for damage to, or loss of, property when used for the benefit of 

the Government at the request of, or with the knowledge and consent of, 

superior authority.

    (6) Clothing and accessories. Claims may be allowed for damage to, 

or loss of, clothing or accessories customarily worn on the person, such 

as eyeglasses, hearing aids, or dentures.



[36 FR 24427, Dec. 22, 1971, as amended at 50 FR 9268, Mar. 7, 1985]