Veterans win back the West LA VA Campus

The West LA VA Campus spans approximately 388 acres, donated in 1888 for the purpose of housing veterans. Today, this mission is more urgent than ever, with an estimated 3,000 unhoused veterans in Los Angeles.

In the 1970s, the West LA VA began leasing land to private entities, which constructed a baseball stadium, an athletic complex, and other commercial facilities with minimal input from the veterans they were meant to serve. This development limited the space available for permanent supportive housing. In response, a group of disabled veterans filed the lawsuit Powers v. McDonough (C.D. Cal. Sep. 6, 2024). They demanded that the government (1) accelerate housing development and (2) terminate leases with entities like Brentwood School and UCLA, which they argued did not primarily benefit veterans as intended.

The Court ruled in favor of the veterans, ordering the construction of an additional 1,800 permanent housing units for disabled veterans on or near the West LA VA campus, in addition to the previously agreed 1,200 units from a prior lawsuit settlement. The Court also mandated 750 temporary supportive units to be built within 18 months and deemed the existing land-use agreements illegal. The defense argued that an order to build so many housing units is excessive and shies away from more complex issues outside of actual housing that keep veterans on the streets. These issues include consistently retained employees who conduct outreach, mental health, employment, and more.

Plaintiffs delivered an impassioned plea that providing healthy and safe housing to veterans in crisis will prevent them from dying on the streets. Mark Rosenbaum, representing the plaintiffs, emphasized the power of the veterans' narratives in winning the case. "It wasn't the lawyering that won the case, it was the stories of these veterans--those who returned with wounds of war--telling their experiences of homelessness and trauma while knowing their government had dedicated land for their use but they had no home."

At present, the West LA VA campus features 233 permanent housing units, most of which are occupied, with more units under construction and no definitive completion date due to a host of bureaucratic and other issues.

This lawsuit is not unprecedented. In 2011, a similar case, Valentini v. Shinseki, aimed to address veteran homelessness at the same campus. Though a settlement was reached, promising a "New Master Plan" to create 1,200 units, little progress was made, and not a single unit was built by the time Powers v. McDonough was filed in 2022.

Leading up to this case, in or around 2020, the now infamous "Veterans Row" emerged. A slew of patriotic tents strung along San Vicente Boulevard, right outside the West LA VA, it was a shameful reminder of the state of veteran homelessness. The tents were eventually disbanded by law enforcement in November 2021 and tiny sheds popped up in their place as emergency shelters without restrooms or kitchens on the West LA VA campus.

Nationally, about 22 veterans die by suicide each day, highlighting the urgent need for the Department of Veterans Affairs to support those who served. If the Court's order is swiftly and effectively implemented, it could significantly reduce veteran homelessness in greater Los Angeles. Proximity to the West LA VA campus would also enhance access to essential medical care for veterans suffering from conditions like PTSD and traumatic brain injuries.

Positive changes are already underway. The U.S. Department of Housing and Urban Development (HUD) has removed service-connected compensation from being counted as "income" for housing eligibility. This change helps disabled veterans qualify for government housing more easily. In Los Angeles County, approximately 4,900 HUD-VASH vouchers exist, designed to assist low-income veterans in securing housing. However, many veterans still face challenges finding homes due to limited availability and other issues.

It's crucial that other government agencies revise their eligibility requirements accordingly. For example, the U.S. Treasury may reconsider its policies in light of this case. Excluding veterans' disability compensation from income calculations allows disabled veterans to access essential benefits. Historically, this compensation has hindered their ability to qualify for various assistance programs, including legal aid. Recent legislation, SB 498, sponsored by Senator Tom Umberg, and co-sponsored by Veterans Legal Institute, a pro bono law firm serving only low-income veterans, ensures that veterans can seek pro bono legal services without their service-connected compensation counting against them.

Terminating leases can be costly for defendants, especially when millions have been invested. Since the Court's order, Brentwood School has proposed a settlement that includes earmarking $5 million for veteran housing, raising their rent, and improving access to their facilities for veterans. If approved, this agreement could enhance veterans' access to amenities on the West LA VA grounds, with designated land available for supportive housing.

A significant issue in the case was whether the leases "principally benefit" veterans. While the original intent of the land donation was to support veterans, the Court found that the leasing entities primarily served civilian interests. For instance, UCLA's rent, at about $56,000 per year, was well below market value, despite some in-kind contributions like free game tickets and concessions for veterans. Utilizing the land for housing would more directly address the pressing needs of veterans. At present, at least two of the defendants have filed appeals.

As the situation unfolds, the implications of this ruling could reshape how veterans are supported and housed in Los Angeles and beyond. The ongoing dialogue around these issues underscores the need for continued advocacy and policy reform to ensure that veterans receive the care and respect they deserve.