Consent Decree in the Matter of DSN v. City of Lincoln, Nebraska

This document presents the city of Lincoln, Nebraska's position on the matter of increasing group home capacity. In July 2006 the Lincoln, Nebraska City Council authorized a settlement agreement with Developmental Services of Nebraska, Inc. (DSN). This consent decree incorporates the settlement terms authorized by the Council; it also includes the Council's position on DSN's claim that the Council's group home policies violate federal anti-discrimination laws.

Under the consent decree, the Court will order the City to pay DSN $175,000 in attorney fees and $55,000 in damages. The Consent Decree will further order the City to allow DSN to occupy its group homes with up to either four or five disabled persons, depending upon the type of dwelling involved, without having to meet the required separation between group homes. Generally, five persons are allowed by right in single-family dwellings, detached. Four persons are permitted by right in multi-family dwelling units and townhouses. Finally, either four or five persons are allowed in each unit of a duplex, depending upon the number of duplexes operated by DSN which are adjacent to each other.