Sunday, October 01, 2023


Los Angeles city and county to spend billions to help homeless people under lawsuit settlement

ROBERT JABLON
Thu, September 28, 2023 

 People line up along temporary tents to partake in a free Thanksgiving meal provided by the Union Rescue Mission as the Los Angeles Skid Row district annual feast hosts thousands of homeless and others in need, in downtown Los Angeles, on Nov. 24, 2022. Los Angeles County and city will spend billions of dollars to provide more housing and support services for homeless people under a lawsuit settlement approved Thursday, Sept. 28, 2023, by a federal judge.
 (AP Photo/Damian Dovarganes, File)

LOS ANGELES (AP) — Los Angeles County and city will spend billions of dollars to provide more housing and support services for homeless people under a lawsuit settlement approved Thursday by a federal judge.

The county ends more than two years of court battles over LA's response to the homelessness crisis by agreeing to provide an additional 3,000 beds by the end of 2026 for people with mental health and drug abuse issues.

It was the last piece in a series of commitments that were hammered out after a lawsuit was brought in 2020 by the LA Alliance for Human Rights, a coalition that includes businesses, residents, landlords, homeless people and others who alleged that inaction by both the city and county created a dangerous environment.

“All told, we're looking at some 25,000 new beds for unhoused people and a total of over $5 billion ... just to implement these three agreements,” alliance spokesperson Daniel Conway said.

U.S. District Judge David Carter had rejected earlier settlement proposals offering far fewer beds.

Conway said the final deal was historic and “will stand the test of time” because it includes court enforcement requirements.

It will serve as "a blueprint for other communities looking to address homelessness humanely and comprehensively,” Conway said.

The new agreement sets up a commitment to provide hundreds of new beds each year through 2026 but doesn't include specifics on funding, although earlier this year the county and city both passed budgets that together include some $1.9 billion to fight homelessness.

California is home to nearly a third of the nation’s homeless population, according to federal data. About two-thirds of California’s homeless population is unsheltered, meaning they live outside, often packed into encampments in major cities and along roadways.

During the court case, the city had contended that the county, which operates the local public health system, was obligated to provide services and housing for people who are homeless or have substance abuse issues but was failing.

Now, both governments will partner in an effort that “stands to help more unhoused Angelenos in the city come inside and receive care,” Los Angeles Mayor Karen Bass said in a statement.

“It took a long time and a lot of hard work from many people to get to this point, but this is finally an agreement we can be proud of,” county Board of Supervisors Chair Janice Hahn said in a statement. “This is an achievement that will mean real care and housing for thousands of people who are struggling with mental illness and addiction.”

LA has one of the nation's largest unhoused populations. Those living on the streets, in shelters or in vehicles has ballooned in recent years.

A federally required January count estimated that on any given night there were more than 75,500 unhoused people in the county, with well over 46,000 of them in the LA city limits. About a third of them said they had substance abuse issues.

Since 2015, homelessness has increased by 70% in the county and 80% in the city.

Homeless populations, once mainly confined to Skid Row, are now found in nearly all parts of the city. Encampments have cropped up in Hollywood, pricey West Los Angeles and within sight of Los Angeles City Hall.

Bass made dealing with the homelessness crisis a priority in her mayoral campaign. On her first day in office last December, she declared a state of emergency over the issue.

However, a nonprofit group called Fix the City filed a lawsuit Monday against the emergency declaration, calling it a “vast and illegal expansion of mayoral power.”

The group, which has battled the city over its approach to dealing with development issues, contends that Bass's efforts under the emergency to fast-track construction of affordable housing has circumvented necessary public input and planning review, including eliminating competitive bidding for some projects.


Judge approves L.A. County deal for 3,000 mental health and substance use treatment beds

Doug Smith
Fri, September 29, 2023

U.S. District Judge David O. Carter, 79, pauses in front of the Midnight Mission while leading a tour of Skid Row in downtown Los Angeles on Friday. After retired judge Jay C. Gandhi was appointed to monitor Los Angeles County's settlement of the L.A. Alliance for Human Rights case, Carter challenged Gandhi to prove his passion for the job by meeting him on Skid Row. Gandhi showed up at 6:30 a.m. Friday for the tour.
 (Genaro Molina / Los Angeles Times)

A federal judge signed off Thursday on Los Angeles County's commitment to produce 3,000 new mental health and substance use treatment beds, settling a 3½-year lawsuit that alleged city and county officials had done little to address homelessness, while adding language to ensure the agreement was transparent and effectively monitored.

"This is an extraordinary step forward," U.S. District Judge David O. Carter said. "It's going to save a lot of lives."

Los Angeles Mayor Karen Bass, City Council President Paul Krekorian and Board of Supervisors Chair Janice Hahn, attending the hearing at Carter's invitation, praised the agreement.

"We are all now aligned," Hahn told the judge. "The stars are aligned with 3,000 beds. This is a solid proposal. We will make it happen."

After twice rejecting proposed settlements between Los Angeles County and the L.A. Alliance for Human Rights, a group representing primarily downtown business and property owners, Carter ended the case in characteristically disruptive style, accepting the latest proposed settlement only after inserting his own wording and requiring the parties to accept or reject his additions, "yes or no."

The earlier proposals had started at 300 beds and then been raised to 1,000.

Bass, who told the court 3,000 beds would make a significant difference, said after the hearing that the starting figure of 300 had shocked her and that adding a zero was the right solution.

The settlement "is a floor, not a ceiling," Carter said, dictating his amendment to an aide who wrote it by hand on a copy of the agreement projected on a screen. While significant, it "does not solve homelessness," he said.

Expressing displeasure at the lack of transparency he said he has observed in the distribution of funds for services, Carter inserted language requiring invoices for the services that would be rendered under the agreement to be made public.


Carter leads a tour of Skid Row in downtown Los Angeles on Friday. (Genaro Molina / Los Angeles Times)

That added transparency was welcome, said plaintiff's attorney Elizabeth Mitchell of Umhofer, Mitchell & King.

"It’s so difficult to hold the providers accountable, the county accountable when you don’t have transparency," she said. "I think overall we’re very happy with it."

Carter said that in his visits to Skid Row service centers he has seen people leave waiting rooms after growing impatient, but suspects they were included in the agency's billings even though they received no services.

He said it was unlikely voters would approve new taxes — which would undoubtedly be required for the county to meet its obligations — if they were not confident the money was being spent efficiently.

The decision brings an end to a saga that has seen Carter alternately praise and berate public officials, hold court on the streets of Skid Row during the coronavirus pandemic, render a visionary ruling to end homelessness on Skid Row — only to have it overturned on appeal — and squeeze more and more money from a reluctant county.

The city had settled its side of the case in earlier agreements that committed it to produce close to 20,000 new beds of either interim or permanent housing.

Among his interjections Thursday, Carter raised multiple reservations about the nomination of retired Judge Jay C. Gandhi as a monitor to ensure compliance with the agreement. Though he called Gandhi a friend, Carter questioned his commitment to the case and the $200,000 annual fee proposed for him.


Carter gives Thee Big Mama, right, a comforting hug before leading an early morning tour of Skid Row in downtown Los Angeles on Friday. Thee Big Mama used to live homeless in Skid Row but now has housing
. (Genaro Molina / Los Angeles Times)

He instructed the aide to strike a paragraph that described Gandhi as "material to brokering the Settlement Agreement" and having "a meaningful background in the case."

That statement, he said, was false. Gandhi had worked briefly on the case, he said, whereas special master Michele Martinez and another U.S. district judge, Andre Birotte Jr., had worked with the parties on the agreement some days until 2 a.m.

Carter also objected to the proposal to set Gandhi's annual fee at $200,000 while Martinez would receive only $50,000. He characterized the differential as gender discrimination.

"He can work for free or he can work for the same salary as Michele Martinez," Carter said.

Hahn told the court that the supervisors had already approved the amount for Gandhi's fee but that she thought the terms could be adjusted so the money would be equally divided between the two.

The handwritten addition published with the agreement Thursday afternoon read, "The monitor must be willing to take to the streets, and learn from the community, not the bureaucracy, and has an absolute fiduciary duty to the court."

In a closing gesture to impress on all parties his determination to ensure compliance, Carter announced that he would be on the streets of Skid Row at 6:30 a.m. Friday and advised Gandhi to be there too to show his passion for the job.

The case, filed in March of 2020, took several turns.

In May 2020, Carter ordered the city and county to find shelter for the thousands of people living near freeway overpasses, underpasses and ramps.

That decision was eventually vacated when the city and county agreed to construct new forms of shelter for 6,700 people within 18 months, and fund homeless services for the people who ended up staying in these locations after they were built.

In 2021, Carter granted a preliminary injunction sought by the plaintiffs telling the city and county to offer every homeless person on Skid Row housing or shelter within the year.

In a sharp rebuke to Carter, a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled in overturning the decision that he failed to follow basic legal requirements, using “novel” legal theories that no one had argued, and ruled on claims that no one had alleged and on evidence that was not before him.


Carter, left, and retired Judge Jay C. Gandhi, right, speak with Paula Chatman, 58, who has been homeless in Skid Row for the last 40 years, in downtown Los Angeles on Friday. (Genaro Molina / Los Angeles Times)

In April of 2022, the city reached its own settlement in which it agreed to open enough beds over the next five years to accommodate 60% of the city’s unsheltered population in each City Council district.

The exact number of beds required, based on the results of the 2022 point-in-time homeless count, is estimated to be about 13,000 beds.

The county and L.A. Alliance for Human Rights continued negotiating and came up with an agreement late last year that provided 300 new mental health and substance use beds, and supportive services for city-financed interim and permanent housing. It also called for the expansion of mental health outreach by adding 11 new multidisciplinary teams, which include physical and mental health practitioners, bringing the total to 34 and nearly doubling its Homeless Outreach and Mobile Engagement Teams, which focus on severe mental illness, to 10. It did not include continuing oversight by a court monitor.

Pushed by Carter to do better, the parties came back in April with the 1,000-bed commitment and an agreement by the county to fund 450 new subsidies for beds at board and care homes “frequently utilized by individuals with serious mental illness who are at risk of homelessness” — only to have the judge reject it again.

A county petition to the 9th Circuit for an order for Carter to accept that agreement was denied, leading to the prospect of a trial neither side wanted. To forestall it, they returned Monday with the terms the judge wanted.

Times researcher Scott Wilson contributed to this report.

This story originally appeared in Los Angeles Times.

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