Ninth Circuit orders VA to build thousands of units of housing for disabled veterans
Yesterday, the U.S. Court of Appeals for the Ninth Circuit handed down what may be the most consequential judicial decision for veterans in our nation’s history. In a sweeping ruling, the court affirmed the core of Judge David Carter’s landmark decision in Powers v. McDonough—ordering the U.S. Department of Veterans Affairs (VA) to move forward urgently with building thousands of units of supportive housing for homeless, disabled veterans on the West Los Angeles VA campus, and to dismantle discriminatory barriers that have kept too many veterans unhoused for years.
The Ninth Circuit upheld what the district court recognized: when disabled veterans are left without supportive housing, they are effectively denied meaningful access to the healthcare and resources they earned through their service. The court affirmed powerful remedies to address that harm—and its ruling paves the way for disabled veterans across the country to demand the housing and care they have long been denied.
Here’s what the VA is now required to do:
- Build 750 units of temporary supportive housing within 18 months
- Build 1,800 units of permanent supportive housing within six years
- End the discriminatory use of income restrictions for affordable housing by ensuring that veterans’ disability payments do not count against their eligibility for supportive housing
This ruling brings the end of veteran homelessness in Los Angeles—and across our nation—within reach, not based on promises or proposals, but because the law and basic human decency demand it.
This victory is also a testament to the brave struggle of the veterans who brought this case and fought for years—in court and out—not only for themselves, but also for their brothers and sisters sleeping on the streets. They served our nation in its time of need. And through this case, they have demanded that our government finally serve them in theirs.
We are also deeply grateful to our co-counsel—Robins Kaplan, Sidley Austin, Brown Goldstein & Levy, and Inner City Law Center—for their tireless partnership and commitment in this case. We will keep fighting to ensure the VA follows the court’s mandate and moves with the urgency and integrity this moment requires.
Thank you for standing with Public Counsel and our nation’s veterans at this historic moment. Together, we’re making victories like this possible.
