Beaumont, Texas, is paying $475,000 and changing its zoning and land use practices to resolve a lawsuit alleging that it discriminated against persons with intellectual or developmental disabilities who sought to live in small group homes in the city’s residential neighborhoods.

The lawsuit, filed on May 26, 2015, alleged that the city violated the Fair Housing Act and the Americans with Disabilities Act when it imposed a one-half mile spacing rule that prohibited many small group homes from operating in Beaumont. The suit further sought to prohibit the city from imposing fire code requirements that exceeded those imposed by the state of Texas as part of its certification and funding of such homes.

Principal Deputy Assistant Attorney General Vanita Gupta stated, “Persons with disabilities have the same right to live in and enjoy their communities as all other families do throughout our nation. The Justice will continue to eliminate discriminatory barriers that impede these individuals from doing so.

U.S. Attorney John M. Bales of the Eastern District of Texas said, “I applaud the parties for reaching this common-sense, fair agreement. Beaumont is a great city in which to live and the prior restrictions now being set aside were inconsistent with that greatness. Now everyone can reside where they wish in an environment that is best for their lives.”

Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity, added, “Group homes provide a critical source of housing for persons with disabilities and their availability shouldn’t be limited by discriminatory practices. Today’s settlement reaffirms HUD and the Justice Department’s commitment to ensuring that jurisdictions meet their obligation to adhere to the nation’s fair housing laws.”

As a result of the settlement, the city will allow small group homes to operate in any residential district and will not subject such homes to fire code requirements that exceed the state’s requirements for certification of such homes. The city will also pay $435,000 in monetary damages to 11 individuals with disabilities, their family members and companion care providers who were subject to the city’s discriminatory code enforcement practices.

Beaumont will take other remedial measures, including implementing a comprehensive reasonable accommodation policy, requiring its officials to attend fair housing training and appointing a fair housing compliance officer. The consent decree must still be approved by the U.S. District Court for the Eastern District of Texas.