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How We Work

See All

Direct Services

Our team provides free direct legal services and support or matches clients with pro bono advocates, ensuring they have a partner standing with them, their families,  and our communities as they pursue justice.

Learn More

Policy Advocacy

We address the root causes of inequities in our society by advocating for inclusive policy solutions in collaboration with grassroots coalitions and the communities most impacted by systemic oppression.

Learn More

Impact Litigation

Our team provides free direct legal services and support or matches clients with pro bono advocates, ensuring they have a partner standing with them, their families,  and our communities as they pursue justice.

Learn More

Pro Bono Partnerships

Since its inception, Public Counsel has relied upon the generous donation of pro bono services from lawyers, legal professionals, and law students as the keystone for our model of delivering free legal services to low-income communities.

Learn More

Popular Resources

See All

FAQsGuide

01/13/26

Medical and Dental Credit Cards—WHAT YOU NEED TO KNOW

Do you need medical or dental care but can’t afford it? Are you thinking about making payments or signing up for credit? Be careful! Medical or dental credit cards can...

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Guide

01/08/26

What courses must I take to file a Chapter 7 Bankruptcy?

All individuals who file a chapter 7 bankruptcy must take two courses to receive a discharge of their debts: Credit Counseling and Personal Financial Management. This guide will help you...

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Template

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If there isn’t a court form for what you need to file in your bankruptcy case, you will need to write your own court papers on pleading paper. The first...

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Housing JusticeVeterans’ Rights

Holding the VA Accountable for Its Failure to Provide Housing & Healthcare for Veterans with Disabilities

Overview
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Case Overview

Our Clients

For decades, the Department of Veterans Affairs (VA) has failed in its duty to provide housing and healthcare to veterans who have fought wars, defended American liberties, and made enormous personal sacrifices. In addition, the VA has refused to provide adequate housing and services at its sprawling 388-acre campus in West L.A. – land donated to the VA in 1888 specifically to create a home for veterans with disabilities. As a result of the VA’s failures, nearly 4,000 veterans are homeless in Los Angeles on any given night, accounting for 10% of all unhoused veterans nationwide. 

In November 2022, fourteen courageous veterans experiencing homelessness and The National Veterans Foundation filed a lawsuit against the federal government for its failure to provide housing and healthcare to veterans with disabilities. The veterans bringing this action all suffer serious disabilities such as Post-Traumatic Stress Disorder (PTSD) and traumatic brain injury. They seek to secure coordinated housing and healthcare services, or Permanent Supportive Housing, for all unhoused veterans in Los Angeles. 

When veterans return from service, many face daunting, lifelong consequences, including depression, serious mental illnesses, PTSD, traumatic brain injuries, and addiction. These challenges render countless veterans unable to fully resume their civilian lives, sustain family relationships, maintain employment, continue their education, or even maintain a permanent residence. Without coordinated housing and healthcare services, veterans with significant disabilities cannot access the mental and physical treatment services they are entitled to and desperately need.

The lush 388-acre West L.A. Campus was donated to the VA in 1888 to provide housing and healthcare to veterans. But the VA does not offer, on its grounds or within its service area, anything close to adequate Permanent Supportive Housing coordinated with the medical, mental health, and other supportive services veterans with serious mental illness or brain injuries require on its grounds or within its service area. Instead, the VA has entered into illegal leases on the land, including sports fields and parking for an exclusive private school, a state-of-the-art baseball complex for UCLA, and oil drilling to extract oil from neighboring land. The VA’s own Inspector General has made clear that these leases are contrary to both its legal obligations and the intent of our nation’s taxpayers.

More than 4,000 veterans used to call the West L.A. VA home, and at the time of the lawsuit’s filing, there were fewer than 50 units of permanent housing on the entire property. Housing construction is continually delayed, construction projects unrelated to housing are prioritized, and the VA continues to illegally lease out land meant to house veterans in defiance of the law.

A 2011 lawsuit was filed to address the disability discrimination against these veterans and contest the land use agreements and the alleged violation of the deed. Although the VA committed to construct 1,200 units of new Permanent Supportive Housing – 770 of which should have been completed by now – virtually no supportive housing has been built as of 2022. Leases were executed for 55 units in 2017. Since then, 387 units have been started, but at the time of the filing of the lawsuit, none had been completed.

The 2022 lawsuit calls for the VA to fulfill its commitments to provide appropriate Permanent Supportive Housing so veterans with disabilities can access the health care and housing benefits to which they are entitled. It also seeks an injunction to prohibit the VA from entering into land use agreements that do not “primarily benefit veterans” and violate the charitable trust created on behalf of veterans with disabilities.

On May 15, 2023, the plaintiffs filed an amended suit, pursuing a class action against the VA on behalf of all homeless veterans who reside in LA County. In addition, the complaint was expanded as the VA continues to fail veterans, forcing them onto the streets. The amended lawsuit brought in Marcia L. Fudge, the Secretary of the Department of Housing and Urban Development (HUD), and Douglas Guthrie, President and Chief Executive Officer of the Housing Authority of the City of Los Angeles (HACLA), as defendants. 

The plaintiffs are represented by Public Counsel, Inner City Law Center, and the law firms Brown, Goldstein & Levy, and Robins Kaplan LLP.

UPDATE, Dec. 23, 2025: A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit affirmed Judge Carter’s judgment against the VA on Plaintiffs’ Rehabilitation Act claims, upholding an injunction requiring the VA to construct 1,800 permanent housing units and 750 temporary housing units on the West LA VA Campus. The court also affirmed that the VA’s leases with Brentwood School and Bridgeland Resources violate the West Los Angeles Leasing Act of 2016 and are therefore void.

UPDATE, April 8, 2025: The Ninth Circuit heard oral arguments in the federal government’s appeal of U.S. District Court Judge David Carter’s landmark ruling regarding the VA’s obligations to provide housing and care for disabled, unhoused veterans. On November 25, 2024, the Ninth Circuit had granted a stay of the District Court’s ruling pending the appeal.

UPDATE, Oct. 11, 2024: Judge Carter has submitted his final judgment, reaffirming his earlier findings and delivering a decisive victory for disabled veterans. Following multiple hearings to determine injunctive relief, the court has issued several key orders, including locking down UCLA’s baseball complex until its activities on the West L.A. VA campus focus on serving veterans, capping an oil well on the campus, and expediting the construction of temporary housing. The VA is required to build 50 pre-built modular housing units by late December 2024, with an additional order to procure 200-300 additional units in the coming months. This final decision follows an earlier ruling requiring the VA to build 750 temporary supportive housing units within 12 to 18 months and 1,800 permanent units within six years. 

Additionally, Brentwood School has entered into a tentative settlement to continue using part of the campus, agreeing to pay $5 million to support veteran services and expand veterans’ access to its athletic facilities. A preliminary approval hearing for the settlement is scheduled for Friday, October 18, at 8 a.m.

UPDATE, Sep. 6, 2024: Judge Carter has issued a groundbreaking ruling in favor of disabled veterans, mandating sweeping changes at the VA’s West L.A. Campus and ordering the construction of thousands of new supportive housing units. Read more here.

Press conference to announce the filing of the lawsuit, held at Public Counsel on Nov. 16, 2022.
Court

U.S. District Court for the Central District of California

Status

On Remand from the U.S. Court of Appeals for the Ninth Circuit

Case No.

2:22-cv-08357 (District Court)
24-6576 (Ninth Circuit)

Filed

11/15/2022

Our Organizational Client

OUR Volunteer Partner

Our Co-Counsel

Case Developments

Ruling

12/23/2025

Ninth Circuit Affirms Judgment for Plaintiffs on Rehabilitation Act and APA Claims

A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit affirmed Judge Carter’s judgment against the VA on Plaintiffs’ Rehabilitation Act claims, upholding an injunction requiring the VA to construct 1,800 permanent housing units and 750 temporary housing units on the West LA VA Campus. The court also affirmed that the VA’s leases with Brentwood School and Bridgeland Resources violate the West Los Angeles Leasing Act of 2016 and are therefore void.

Opinion

Filing

11/17/2025

Plaintiff-Appellees Ask Ninth Circuit to Lift Stay of District Court’s Judgment Pending Appeal

Following publication of the VA’s most recent Congressionally Mandated Report pursuant to the West Los Angeles Leasing Act of 2016, in which the VA refuted many of its own arguments that purportedly warranted a stay of Judge Carter’s judgment pending appeal, Plaintiff-Appellees filed a motion requesting that the Ninth Circuit lift its order staying judgment.

PLAINTIFF-APPELLEES’ MOTION TO LIFT STAY PENDING APPEAL

Filing

05/29/2025

Plaintiffs-Appellees File Supplemental Brief

Plaintiffs-Appellees filed a supplemental brief addressing the import of the “Keeping Promises to Veterans and Establishing a National Center for Warrior Independence” Executive Order.

Plaintiffs-Appellees’ Supplemental Brief

Hearing

04/08/2025

Ninth Circuit Hears Oral Argument

The Ninth Circuit heard oral argument in the appeal of the District Court’s landmark ruling regarding the VA’s obligations to provide housing and care for disabled, unhoused veterans in Los Angeles.

Watch the April 8, 2025 Hearing on YoutUBe

BRIEF FOR APPELLANTS

ANSWERING BRIEF OF PLAINTIFFS-APPELLEES

VETS ADVOCACY AMICUS Brief IN SUPPORT OF PLAINTIFFS-APPELLEES

SWORDS TO PLOWSHARES AMICUS Brief IN SUPPORT OF PLAINTIFFS-APPELLEES

Ruling

10/11/2024

District Court Issues Final Judgment

Judge Carter issued his final judgment, reaffirming his earlier findings and delivering a decisive victory for disabled veterans. These orders are critical to ensuring that the West L.A. VA campus serves its original purpose of providing housing and healthcare to disabled veterans.

Final Judgement and Permanent Injunction

UCLA ORDER

SAFETY PARK ORDER

BRIDGELAND ORDER

EMERGENCY ORDER #1

EMERGENCY ORDER #2

VA INJUNCTION

Ruling

09/06/2024

District Court Issues Post-Trial Ruling in Favor of Disabled Veterans

Judge Carter issued a groundbreaking ruling in favor of disabled veterans, mandating sweeping changes at the VA’s West L.A. Campus and ordering the construction of thousands of new supportive housing units.

POST-TRIAL OPINION

Ruling

07/19/2024

District Court Denies Defendants’ Motion in Limine

ORDER DENYING DEFENDANTS’ MOTION IN LIMINE

Ruling

07/14/2024

District Court Rules VA Housing Policy Discriminates Against Disabled Vets in Summary Judgment Decision

Judge Carter issued a landmark ruling: “…the Court GRANTS IN PART Plaintiffs’ Motion for Summary Judgment. Specifically, the Court holds that the VA’s practice of leasing its land to third-party housing developers who use restrictive income limitations facially discriminates against veterans based on their disabilities.… Further, the Court holds that the government’s acceptance of the land transferred under the 1888 Deed created a charitable trust, and the VA has enforceable fiduciary duties to veterans under the charitable trust.”

Order Granting in Part Plaintiffs’ Motion for Partial Summary Judgment

Plaintiffs’ Motion for Partial Summary Judgment

Filing

11/15/2023

Legal Scholars File Amicus Brief

The ACLU, writing on behalf of legal scholars Erwin Chemerinsky, David Marcus, Pamela Karlan, Judith Resnik, Laurence Tribe, Michael Wishnie, and Adam Zimmerman, filed an amicus brief in support of the plaintiffs’ opposition to the government’s motion to dismiss.

Legal Scholars’ Amicus Brief in Support of Plaintiffs

Filing

06/16/2023

Plaintiffs File Opposition to Motion to Dismiss

Opposition Brief

Filing

05/15/2023

Veterans Pursue Class Action Lawsuit, Expand Complaint

Plaintiffs filed an amended suit, pursuing a class action against the VA on behalf of all homeless veterans who reside in LA County. The amended lawsuit brought in Marcia L. Fudge, the Secretary of the Department of Housing and Urban Development (HUD), and Douglas Guthrie, President and Chief Executive Officer of the Housing Authority of the City of Los Angeles (HACLA), as defendants.

HUD and HACLA have failed to use their funding authority to address the needs of homeless veterans in Los Angeles, declining to work with the VA to fund the construction of housing on the West L.A. VA campus and declining to fund HUD-VASH vouchers (which allow veterans to access VA health services) at rates that would allow veterans with disabilities to live near VA medical services. Additionally, the so-called voucher program to provide temporary housing has been an abysmal failure in LA. HUD and HACLA have limited the amount of the voucher to below market rental rates and to venues like Lancaster that make accessibility impossible for desperately needed mental and physical health services on the VA grounds in West L.A. for disabled vets. The result is that the VA, HUD, and HACLA have left thousands of veterans on the streets of L.A.

First Amended Complaint

Filing

11/15/2022

Veterans File Complaint

Fourteen veterans experiencing homelessness and The National Veterans Foundation filed a lawsuit against the federal government for its failure to provide housing and healthcare to veterans with disabilities. The veterans bringing this action all suffer serious disabilities such as PTSD and traumatic brain injury. They seek to secure coordinated housing and healthcare services, or Permanent Supportive Housing, for all unhoused veterans in Los Angeles. Without such housing, veterans with significant disabilities cannot access the mental and physical treatment services they are entitled to and desperately need.

Complaint

Media

Landmark Trial: Powers v. McDonough

A historic bench trial took place in Los Angeles in August 2024 in front of U.S. District Judge David O. Carter. On September 6, 2024, Judge Carter issued a groundbreaking ruling in favor of disabled veterans, mandating sweeping changes at the VA’s West L.A. Campus and ordering the construction of thousands of new supportive housing units. Read more here.

WHEN: The trial started on August 6, 2024, and concluded on August 30, 2024.

WHERE: U.S. Courthouse, 350 W. First Street, Courtroom 1, Los Angeles, CA 90012.

WHO: The legal team called an extensive array of witnesses, including formerly unhoused veterans, real estate expert Steve Soboroff; Dr. Benjamin Henwood, Professor of Social Policy and Health at USC; veteran advocates; VA leadership; and HUD representatives.

WITNESSES & DATES

*Dates will be updated as the trial progresses.

Full list of plaintiffs’ proposed witnesses here.

NAMETESTIMONY DATE*NATURE OF TESTIMONY
Andrew CarrilloCompleted (Aug. 6)Mr. Carrillo is a Member of the Board of Directors of the Bandini Foundation. Mr. Carillo was also previously the President of the Santa Monica Historical Society and the President of Los Californians. Mr. Carrillo is expected to testify about the historical use of the WLA Grounds, the 388-acre parcel that was donated to the VA.
Shad MeshadCompleted (Aug. 6)Mr. Meshad is the Founder and President of the National Veterans Foundation (“NVF”). NVF is a veteran-run organization located in Los Angeles that provides life-sustaining services for veterans throughout the country, but in particular for unhoused veterans living on the streets of Los Angeles. The NVF’s Homeless Veteran Outreach Program provides outreach missions each week to areas of Los Angeles with high concentrations of homeless individuals to assist unhoused veterans living in encampments and other circumstances obtain food, water, and, for the past few years, supplies to reduce the likelihood of contracting COVID-19. The Street Outreach team identifies homeless veterans and works to get them into programs that will get them off the streets. This work is an integral part of NVF’s mission to stop veteran suicide, the rates of which are double that of non-veteran counterparts.
Rob ReynoldsCompleted (Aug. 6-7)Mr. Reynolds is a veteran and currently an independent contractor for Concourse Federal. Mr. Reynolds is intimately familiar with Plaintiffs and their housing situation and is expected to provide testimony regarding his attempts to assist homeless veterans obtain housing, including daily outreach to homeless veterans. He is an advocate for veterans and will testify regarding his efforts to unsuccessfully work with Federal Defendants and the problems that persist.
Jeffrey PowersCompleted (Aug. 8)Mr. Powers is a veteran with a 90% service-connected disability rating. Mr. Powers is expected to provide testimony about his efforts to obtain treatment and permanent supportive housing from Federal Defendants and the obstacles that he has encountered in trying to obtain treatment for his service-connected disability
Benjamin HenwoodAugust 9Dr. Henwood is a licensed clinical social worker and the Frances L. and Robert G. Feldman Professor of Social Policy and Health at USC. He is expected to provide expert testimony regarding the definition of permanent supportive housing, the target population that permanent supportive housing was designed to serve, the evidence base for permanent supportive housing, key elements for its effectiveness, and its importance in addressing veteran homelessness.
Sally HammittCompleted (Aug. 8)Ms. Hammitt is the Chief of the Community Engagement & Reintegration Service at VAGLAHS. She is expected to testify about the by-name list and the number of homeless veterans in the Greater Los Angeles Area. In addition, Ms. Hammit is expected to provide testimony regarding the services that VAGLAHS provides to homeless veterans and the efforts to secure housing for veterans.
Alan TrinhAugust 9Mr. Trinh is the acting Executive Director for Ambulatory Care for VAGLAHS. Prior to his current position, Mr. Trinh was the Chief of the Office of Strategic, Facility and Master Planning and oversaw the development and implementation of the master plan including the infrastructure for the construction projects on the campus.
John KuhnAug. 9 & 12Mr. Kuhn is the Deputy Medical Center Director of VAGLAHS. Mr. Kuhn is responsible for the VA’s efforts in providing housing and services to homeless veterans in the Greater Los Angeles area, including efforts to secure permanent housing and temporary housing for homeless veterans.
Steven BravermanAugust 12-13Dr. Braverman is the Interim VISN 22 Network Director of the VA Desert Pacific Healthcare Network. He was previously appointed as the Medical Center Director of the VAGLAHS. He is expected to provide testimony regarding the operations of VAGLAHS and activities as well as the implantation of the master plans for the WLA Grounds.
Keith HarrisAugust 13Mr. Harris is the Senior Executive Homelessness Agent for VAGLAHS. He is expected to provide testimony regarding the implementation of the master plan on the WLA Grounds and the supervision of employees who provide outreach, case management, health care, and housing services to veterans experiencing or at risk of homelessness.
Brett SimmsAugust 13-14Mr. Simms is the Executive Director of the Office of Asset Enterprise Management. Mr. Simms is knowledgeable about the VA’s enhanced used lease program and the construction of housing on the WLA Grounds and is expected to provide testimony on such issues.
Jonathan SherinAugust 14Dr. Sherin is a board-certified Psychiatrist and Neurologist. He has dedicated his life to the study and eradication of homelessness, and in particular, the eradication of homelessness among veterans. Dr. Sherin is expected to provide expert testimony regarding the inadequate response of the VA to veteran homelessness, the development of an intentional community of the WLAVA Campus, the targeting of multiple veteran populations to prevent unacceptable outcomes, the urgent need to develop temporary housing units, the creation of permanent housing units, and the creation and expansion of a full range of resources and services for homeless veterans.
Michael DennisAugust 14Mr. Dennis is the Senior Program Advisor of the Office of Public Housing & Voucher Programs. Mr. Dennis is expected to provide testimony on the HUD-VASH Program along with HUD’s partnership with the local public housing authorities for the distribution of HUD-VASH vouchers.
Joshua PetittPossible: Aug. 14, 15Mr. Petitt is a veteran with a 100% service-connected disability rating. Mr. Petitt is expected to provide testimony about his efforts to obtain treatment and permanent supportive housing from Federal Defendants and the obstacles that he has encountered in trying to obtain treatment for his service-connected disability.
Lavon JohnsonPossible: Aug. 14, 15Mr. Johnson is a veteran with a 100% service-connected disability rating. Mr. Johnson is expected to provide testimony about his efforts to obtain treatment and permanent supportive housing from Federal Defendants and the obstacles that he has encountered in trying to obtain treatment for his service-connected disability, including the AMI Rule.
Gennifer YoshimaruAugust 15Ms. Yoshimaru is the Assistant Head of School at Brentwood School. She is expected to provide testimony regarding Brentwood School’s use of its facility on the WLAVA Campus and its violation of the West Los Angeles Leasing Act.
Barbara DavisAugust 15Ms. Davis is an administrator for Safety Park. She is expected to provide testimony regarding Safety Park’s obligations under and violation of the West Los Angeles Leasing Act.
Carlos VanNatterAugust 15Mr. VanNatter is the Director of Section 8 Housing at HACLA. Mr. VanNatter is expected to testify about Federal Defendants’ partnership with local public housing authorities relating to the HUD-VASH program, including but not limited to, the implementation of the HUDVASH program, the voucher referral process, the number of veterans in the HUD-VASH program, and the utilization or lack thereof of the HUD-VASH vouchers in the Greater Los Angeles area.
Joseph FieldsAugust 15Mr. Fields is an Army veteran with a 100% service-connected disability rating. He is expected to testify about his efforts to obtain treatment and housing from VAGLAHS and the obstacles he has encountered in trying to obtain treatment for his service-connected disability.
Laurienn WrightAugust 15Ms. Wright is a veteran with a 100% service-connected disability rating. Ms. Wright is expected to provide testimony about her efforts to obtain treatment and permanent supportive housing from Federal Defendants and the obstacles that she has encountered in trying to obtain treatment for her service- connected disability, including having to travel from Lancaster, California to the WLAVA Campus because of the lack of available
Anthony DeFrancescoAugust 21Mr. DeFrancesco is the Chief Liaison and Executive Director for the UCLA Veterans Initiatives and Partnerships. Mr. DeFrancesco is expected to provide testimony regarding UCLA’s use of its facilities on the WLAVA Campus, the UC Regents’ obligations under the West Los Angeles Leasing Act, and UCLA and the UC Regents’ violation of the West Los Angeles Leasing Act.
Steve SoboroffAugust 21Mr. Soboroff has worked on real estate projects spanning 5 decades and has devoted his career to “finish line” implementation by breaking down extremely complex projects into simple day-by-day tasks to achieve project completion. He is expected to provide expert testimony regarding the current use of the WLAVA Campus and what can be done to use the property effectively to provide a community which include quality temporary housing, an increase in permanent housing, and other important services and facilities for homeless veterans. In particular, Mr. Soboroff will identify sites for the placement of temporary supportive housing units, the overview of the planning and execution of the project for housing on the WLAVA Campus, the need for more permanent supportive housing, and the inadequacies of the current master plan and concept.
Randy JohnsonAugust 21Mr. Johnson is a real estate developer with over 40 years of experience. He is expected to provide expert testimony regarding the existing situation on the WLAVA Cam- pus and what can be done to use the property effectively to provide both temporary and permanent housing on the property to help alleviate veteran homelessness.

For media inquiries or questions about the trial, contact Josh here.