Comparative Overview of FEPA, FHAP, & the current Charlottesville Human Rights Ordinance                                    Revised 10/21/2022
Considerations Fair Employment Practices Agency (FEPA)                    Fair Housing Assistance Program (FHAP)              Current Ordinance
Entry          1. Request letter based on 29 CFR Subpart G -              1.   Ordinance revisions to attain substantial      1.   None.
Requirements       §1601.70.                                                   equivalence to 24 CFR § 115.204-206 and 42
                  2.   Review and approval process by EEOC District            USC § 3604-3617.
                       Office, AG’s Office, and EECOC Commissioners.      2.   Initial review of ordinance and agency for
                  3.   Execution of a workshare agreement.                     substantial equivalence.
                  4.   Execution of a financial contract.                 3.   Interim certification.
                                                                          4.   Full certification.
Timeframes        1.   Initial review and approval: 1 to 3 years.         1.   Initial review: up to 1.5 years.               1.   Currently in effect.
                  2.   Contract term: 3 years.                            2.   Interim certification: lasts up to 3 years.
                            a. Annual review of case data.                3.   Full certification: lasts up to 5 years.
                            b. Recertification every 3 years.                       a. Assessment every 2 years.
                                                                                    b. Recertification every 5 years.
Potential         1.   Financial (per figures from 2020)                  1.   Financial (per figures from 2020)              1.   Under the current Ordinance and state laws,
Benefits                    a. $800 for completed cases                             a. Complaint processing                        the OHR has authority to investigate and
                            b. $1,000 for joint training events w/                        reimbursement ($1,500 - $3,200)          issue determinations of employment and
                                 Charlotte, NC district office                      b. Capacity-building funds up to $120K         housing complaints mostly equivalent to
                  2.   Case referrals from EEOC regional office.                          during interim certification             federal law.
                  3.   Ability to provide local federal filing.                     c. Administrative funds for hearings                a. Because employment complaints
                  4.   Automatic dual state/federal filing of cases and                   ($5000)                                            are not dually filed, cases filed with
                       clear line of communication across EEOC, AG,                 d. Training funds                                        the OHR do not start the 180-day
                       and OHR.                                           2.   Training Opportunities                                        clock for the right to sue in federal
                  5.   Avoidance of separate filings with EEOC, AG,       3.   Technical guidance from HUD                                   court.
                       and OHR.                                           4.   Referrals from the Regional HUD Office                   b. Remedies for housing complainants
                                                                          5.   Automatic dual state/federal filing of cases                  are not as robust as they could be if
                                                                               and clear line of communication across HUD                    the ordinance had substantial
                                                                               and OHR.                                                      equivalence to federal law.
Potential         1.   OHR needs additional staff:                        1.   OHR needs additional staff:                    1.   OHR needs additional staff:
Challenges                  a. Intake Specialist                                    a. Intake Specialist                                a. Intake Specialist
                            b. Investigator                                         b. Investigator                                     b. Investigator
                  2.   Additional reporting requirements.                 2.   Additional reporting requirements.             2.   No access to Fair Housing enforcement
                  3.   Unknown future caseloads under the Values          3.   Minimum of 4 processed cases per year to            training through HUD if not a FHAP.
                       Act and updated Ordinance.                              remain certified.                              3.   The Ordinance does not have retaliation
                           a. Will the number of cases justify the        4.   OHR/HRC needs to demonstrate meaningful             provisions for employment and housing
                                added work of maintaining FEPA                 support from City.                                  complaints, though state law does.
                                status based on the potential                       a. City Attorney’s Office must bring      4.   The Ordinance does not mandate that the
                                benefits?                                                 cases forward in court.                  City Attorney’s Office pursue findings of
                  4.   May need to contract investigator services if                b. Council must commit financial               reasonable cause in court.
                       caseloads go up and City hiring does not keep                      resources to ensure 20% of OHR      5.   The Ordinance does not provide for assisting
                       pace.                                                              work committed to fair housing.          either the Complainant or Respondent with
                                                                                                                                   affording legal counsel.