Buckingham said although Public Law 14-91 repealed the current housing regulations, it is not absolute and still gives room for the government and the employee to negotiate housing benefits.
The AG issued the legal opinion upon the request of the Office of Personnel Management, the Departments of Public Health, Finance and a legislative inquiry from the Office of the Public Auditor.
Early this year, House Committee on Ways and Means Chairman Ray N. Yumul and the Retirement Fund said the government could save more if P.L. 14-91 was implemented.
Many of those who receive housing allowances work for the Department of Public Health.
In his legal analysis, Buckingham said P.L. 14-91 “in no way purports to ‘regulate’ government housing benefits.”
He added, “If the government and affected employees have entered in good faith into their contracts that provide housing benefits, it is the opinion of the Attorney General’s Office that such practice is legal and protected under the U.S. and CNMI Constitutions.”
