Court of Appeals upholds federal judge's decision to construct housing on VA's West Los Angeles campus

The U.S. 9th Circuit Court of Appeals has upheld a decision requiring the U.S. Department of Veterans Affairs (VA) to build over 2,500 housing units on its West Los Angeles campus. The ruling also invalidates private leases on parts of the property, aiming to address veterans' housing discrimination.

The U.S. 9th Circuit Court of Appeals has upheld a lower court ruling, which mandates that the U.S. Department of Veterans Affairs (VA) construct over 2,500 housing units on its West Los Angeles campus. The ruling also invalidates leases held by private entities on parts of the property.

Key Highlights of the Ruling

The three-judge appellate panel largely supported U.S. District Judge David O. Carters orders, which backed the claims of veterans who were denied access to housing on the 388-acre campus. The court did overrule Judge Carters decision to invalidate UCLAs lease for a portion of the campus that is currently used for its baseball stadium.

Judge Ana de Alba, in her remarks, criticized the VA for its actions, emphasizing President Abraham Lincolns promise to care for those who have served in the nations military, along with their families, caregivers, and survivors. The ruling demands that the VA build 1,800 permanent housing units and 750 temporary units in order to remedy the discrimination faced by veterans.

Background and Context

The lawsuit, which originated in 2011, claimed that veterans were being denied access to housing and essential services because the VA leased parts of its land to third-party commercial interests instead of using the property to provide care for veterans. The plaintiffs highlighted the following issues:

• Disabled veterans being unable to access on-campus health services.
• The VAs failure to meet prior commitments outlined in a 2015 settlement plan.
• Only 54 housing units were completed by the 2022 deadline, far fewer than the promised 770 units.

Implications for Veterans

Mark Rosenbaum, an attorney with Public Counsel and lead counsel in the case, referred to the decision as the most consequential case for veterans in the history of the country, highlighting its potential to significantly reduce homelessness among veterans. Rob Reynolds, an Iraq War veteran and advocate for veterans, emphasized that the ruling represents an overdue acknowledgment of veterans rights. He stated, The VA should have utilized the West LA property as it was intended: to house veterans.

UCLA and Other Leases

The appellate panel reinstated UCLAs lease for Jackie Robinson Stadium, despite the veterans claims that historic deeds and the West Los Angeles Leasing Act of 2016 required the VA to prioritize housing for veterans. UCLA released a statement expressing satisfaction with the ruling and reaffirmed its commitment to veteran services in collaboration with the VA. Rosenbaum, however, noted that UCLAs compliance with the ruling is temporary and plans to pursue further legal action against other noncompliant leases remain on the table.

Historical Litigation and Next Steps

This case revisits legal issues dating back to 2011, including leases that did not benefit veterans as required by law. A 2015 settlement led to the development of a draft master plan that aimed to provide 1,200 housing units, most of which remain unfulfilled. After a non-jury trial held the previous year, Judge Carter ordered the immediate construction of both permanent and temporary housing units. Additional hearings were held to address leased properties, and the appeals court has now remanded the case back to Judge Carter for the implementation of the order.

Expert Commentary

Legal experts have pointed out that this ruling strengthens the ability of veterans to sue the VA for housing discrimination on a national scale. According to Rosenbaum, the victory was not achieved by the lawyers but by the veterans who have fought for decades. He believes the decision signals a shift towards greater accountability for the VA.

Sources:

• Appeals court affirms federal judge's order to build housing on the VA's West Los Angeles campus