Judge threatens to hold VA in contempt for failing to follow West LA campus housing order

A judge is issuing a grave warning to federal Veterans Affairs officials, threatening to hold them in contempt of court for failing to add temporary homes for unhoused veterans at the West L.A. VA campus.

At issue is an order U.S. District Judge David O. Carter issued on Oct. 18 directing Veterans Affairs officials to pick a company to add tiny homes for veterans needing shelter before winter. So far, VA officials have called on him to halt his order, saying it would take money away from other services.

In a new decision posted late Thursday, Carter wrote that “to ensure prompt compliance,” he was ordering VA officials to tell him by 8 a.m. Wednesday why they “should not be held in contempt for failure to complete procurement contracts.”

In doing so, he rejected the VA’s request to pause his housing order until their appeal of it — filed Oct. 28 — is decided by the 9th Circuit Court of Appeals.

“The need for temporary housing for disabled, homeless veterans before winter conditions arrive is an emergency,” Carter wrote.

If people are found in contempt for disobeying a lawful federal court order, consequences can include fines or imprisonment.

L.A. County is home to the largest population of unsheltered veterans in the country. Countywide, about 3,000 veterans were counted in January, down from about 3,900 a year earlier.

The backstory

Citing what he described as an emergency of veteran homelessness, in early October Carter ordered the VA to add more housing much more quickly at the campus — directing officials to add dozens of pre-built tiny homes before winter and hundreds by spring. He gave a specific timeline for the VA to select and hire a company to provide the tiny homes.

The judge then followed up with his Oct. 18 order, which directed VA to work quickly to hold a competitive bidding process for the housing contract and try to sign a contract by this coming Tuesday.

VA officials have pushed back on the order, arguing at a hearing Thursday that adding the first 100 tiny homes would cost $30 million and take those funds away from crucial services. Carter rejected that, saying the VA’s cost estimate was too high and questioning VA officials on why they're not "working with the Court to get these hundred people off the street.”

The VA’s response to Carter’s latest order

Asked for comment about Thursday’s decision, VA officials noted the agency’s ongoing efforts to house veterans and said Carter was acting illegally.

“The court exceeded its legal authority, and its orders would prevent VA from fulfilling our mission to end Veteran homelessness by diverting critical resources from efforts that are proven to get Veterans off the streets and save lives — including VA health care, permanent housing support, legal assistance, job training, and much more,” Damian McGee, the top spokesperson for the VA’s Greater L.A. region, said a statement.

“This would negatively impact Veterans and their families, both in LA and across America, and VA is beginning the appeal process to prevent that from happening,” he added regarding Carter’s orders.

More details on the case

The lawsuit was filed in November 2022 on behalf of unhoused veterans with disabilities. It came after the VA was years behind schedule in following through on a previous settlement deal from 2015 to build more housing at the campus.

Following a weeks-long trial in August, Carter ruled in favor of the unhoused veteran plaintiffs.