Unhoused veterans win crucial ruling with appeals court decision on West LA VA

A federal appeals court has upheld a court order requiring the Department of Veterans Affairs to build more than 2,500 housing units on its West Los Angeles campus.

The U.S. Ninth Circuit Court of Appeals on Tuesday ordered the VA to construct 750 temporary units for veterans within 18 months and 1,800 permanent housing units within six years.

The ruling found the agency had “strayed from its mission” by leasing land to commercial interests like a UCLA baseball field and Brentwood School sports complex, instead of caring for veterans.

“There are now scores of unhoused veterans trying to survive in and around the greater Los Angeles area despite the acres of land deeded to the VA for their care,” Judge Ana de Alba wrote in the opinion.

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Attorneys for the plaintiffs in the Powers v. McDonough case say the ruling could end veteran homelessness in the Los Angeles region, which is home to more than 3,000 unhoused veterans, according to official estimates.

"It's the most important ruling in the history of this country concerning the rights of veterans," said Mark Rosenbaum, lead attorney with Public Counsel, during a press conference Wednesday. “After this case, there should be no such thing as a homeless veteran.”

The VA did not immediately respond to LAist’s request for comment on the ruling.

‘Long overdue’

The appeals court affirmed most of U.S. District Judge David O. Carter's 2024 ruling, which found the VA discriminated against disabled veterans by failing to provide adequate housing on the 388-acre property deeded as a soldiers' home back in 1888.

The main plaintiff named in the class-action lawsuit, Jeffrey Powers, lived in a tent outside the gates of the VA Medical Center.

At a press conference Wednesday, Powers told reporters this week’s appeals court ruling delivers “about 80%” of what he wanted.

“We got the most important thing, which was to get veterans off the street,” Powers said. “And for that, I'm happy with the outcome.”

The case stems from a 2015 settlement in which the VA promised to build 1,200 housing units, with more than 770 completed by 2022. The department missed that deadline, prompting the new lawsuit.

Iraq War veteran Rob Reynolds came to the West L.A. VA for PTSD treatment in 2018, met veterans sleeping on the streets outside and began advocating for them.

During Wednesday’s press event, he called this week’s Ninth Circuit ruling “long overdue.”

"There should never have been a lawsuit filed in the first place,” Reynolds said. “ They were using the property for everything but what it was intended for, and that's housing.”

The veteran plaintiffs argued that lack of on-campus housing prevented disabled veterans from accessing physical and mental health services at the facility.

As of late 2024, the VA said there were 307 veteran housing units open on the West L.A. campus and 461 units under construction.

Robert Reynolds (right), a veteran advocate with AMVETS, walks with Los Angeles County Sheriff Alex Villanueva as they tour the Veterans Row encampment along San Vicente Boulevard in November 2021.

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Al Seib

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Commercial leases

The appeals court ruling invalidated most commercial leases on the property, including Brentwood School's 22-acre sports complex and an oil company's drilling license.

However, the court overturned the district court's previous invalidation of UCLA's lease for its baseball stadium. Rosenbaum said he plans to refile that portion of the case, which had been argued on different grounds.

Reynolds criticized local leaders for what he said was inaction at the West L.A. VA Campus. He said local officials’ personal connections to Brentwood School and UCLA played a role.

“ A lot of these special interest groups on the VA land have so much influence politically in Los Angeles,” he said. "That's why you've had a lot of our politicians remain quiet about this."

In May, President Donald Trump signed an executive order instructing the VA secretary to declare the West L.A. VA campus a national hub for homeless veterans and develop a plan to house 6,000 people there by 2028.

That housing goal is even more ambitious than the court order, but local advocates say they haven’t heard anything from the Trump administration since it was issued.

“They need to speak to the people that actually live on that property,” Reynolds said. “I'm hoping now that we have this Ninth Circuit ruling in, that we'll be able to have some more discussion with the administration and with the VA leadership to try to figure out what the next steps are.”

As a result of this week’s ruling, the case has been sent back to the District Court judge to implement the housing order and oversee construction