Federal judge warns VA to settle case over homeless veterans

U.S. District Judge David O. Carter of the Central District implored the U.S. Department of Veterans Affairs to take steps to end veteran homelessness in Los Angeles and settle a fight over a facility in West Los Angeles that he said has gone on far too long.

“Plaintiffs have emphasized that their demands are urgent. Since their first lawsuit settled in 2015, the number of unhoused veterans in the area has more than tripled,” Carter wrote in denying a request for dismissal of the case brought by the VA and other federal agencies. “It is unclear how many veterans have died on the streets of Los Angeles during that time, never having received housing or services.”

Mark D. Rosenbaum of Public Counsel accused the agencies of illegally denying housing to veterans in violation of several state and federal laws, including the federal Rehabilitation Act of 1973 and the agency’s responsibilities as a fiduciary of public trust. Powers v. McDonough, 2:22-cv-08357-DOC-JEM (C.D. Cal., filed Nov. 15, 2022).

“We are seeking the establishment of a right to permanent supportive housing on behalf of unhoused veterans in Los Angeles, which is the homeless veterans capital of the United States,” Rosenbaum said in an interview Friday. “I think this is the most important legal victory for veterans in our nation’s history.”

“Judge Carter said if the case doesn’t settle, he wants an early trial on this,” Rosenbaum added.

Attorneys from Robins Kaplan LLP, Inner City Law Center and Brown, Goldstein & Levy in Baltimore are co-counsel on this matter.

Brad P. Rosenberg, who represents the VA, was unavailable for comment.

The director of Public Counsel’s Opportunity Under Law program, Rosenbaum, represents a proposed class of disabled veterans in Los Angeles and the National Veterans Foundation.

Over a decade ago, unhoused veterans sued the government seeking shelter and services. The parties reached a settlement that was supposed to create housing for veterans at a VA facility in West Los Angeles that is currently leased to UCLA and the Brentwood School for athletic fields.

A 2015 agreement to settle the case required 1,200 units of housing to be built on the campus. So far, only 233 have been completed.

“The judge’s decision is the first authentic Veterans Day that these veterans have had,” Rosenbaum said.