L.A. Mayor Karen Bass won’t be forced to testify about homeless programs

Los Angeles Mayor Karen Bass won’t be called as a witness in a multiday federal court hearing that could determine whether the city’s homelessness programs are placed in receivership.

Matthew Umhofer, an attorney for the L.A. Alliance for Human Rights, told U.S. District Judge David O. Carter on Tuesday that he and his legal team were withdrawing subpoenas issued in recent weeks to Bass and City Councilmembers Monica Rodriguez and Traci Park. Battling over the appearances, which were opposed by the city, would have delayed the proceedings for several months, he said.

The alliance, which sued the city in 2020 over its response to the homelessness crisis, originally sought testimony from the three politicians as part of an ongoing evidentiary hearing focused on whether the city failed to comply with the terms of a settlement agreement on homelessness programs.

The agreement, reached in 2022 between the city and the alliance, requires the city to provide 12,915 beds for its unhoused population by June 2027. The alliance contends that the city already is failing to meet the milestones of the agreement and has no clear path to that goal. City officials say they fully intend to comply by the deadline.

The possibility that Bass could testify in Carter’s courtroom provided a rare source of drama for the past week of hearings, which have focused on such granular issues as the definition of a homeless encampment.

Umhofer said he dropped Bass and the others because the city’s lawyers had threatened to pursue an appeal to block the three politicians from testifying, which would have triggered a delay of at least two to three months.

“I think it’s cowardly for the mayor to not testify,” he said in an interview. “She’s come in to court on multiple occasions and and shared talking points, but has never undergone cross-examination. For her to resist a subpoena is the definition of avoiding accountability and transparency.”

Umhofer argued that the testimony provided over the last week is already enough to show that the city’s homelessness programs should be overseen by a third-party receivership appointed by the court.

Theane Evangelis, an attorney for the city, said Umhofer’s allegation of cowardice — made in front of the judge during Tuesday’s hearing — was “uncalled for.”

“The Alliance lawyers apparently recognized that there was no legal basis for their subpoenas,” Evangelis said later in a statement. “They should never have issued them in the first place. The City is complying with the agreement settling a 2020 lawsuit, and it is indisputable that thousands of new housing units have been built and homelessness is down in LA for the first time in years.”

Bass spokesperson Zach Seidl, asked about Umhofer’s remarks, responded in a statement: “Name-calling is beneath the dignity of his profession.”

“Mayor Bass will continue to get Angelenos housed,” he said.

Bass declared a state of emergency on homelessness in 2022, on her first day in office, securing additional power to award contracts and sign off on lease agreements for interim housing and other facilities. That same year, she launched Inside Safe, which has been moving thousands of unhoused Angelenos into hotels, motels and other interim housing. She also created a program to accelerate the approval of certain types of affordable housing.

The alliance has portrayed the city’s homelessness response programs as irrevocably broken, arguing that the only recourse is for the judge to turn them over to a third-party receiver. During six days of testimony, lawyers for the alliance repeatedly highlighted the findings of a consulting firm that the programs lack adequate data systems and financial controls, leaving them vulnerable to fraud.

Lawyers for the alliance also pointed out that the city has repeatedly missed the quarterly milestones established in its settlement agreement.

Over the last week, lawyers for the city argued that their client has made “best efforts” to comply with the settlement agreement. They also contended that the milestones are not mandatory. And they said the alliance is the party that’s “flat-out ignoring” the terms of the agreement.

Evangelis said the agreement allows for the city’s obligations to be paused, and the terms to be renegotiated, if an emergency takes place. The Palisades fire broke out in January, destroying thousands of homes.

“Instead of recognizing the enormous stress that our city is under and honoring its promise to meet and confer ... the alliance ran to court the month after those fires and sought sanctions against the city’s supposed breaches,” Evangelis told the court last week.

The alliance placed Bass on its witness list last month, saying she has “unique knowledge” of the facts — and had put herself at the center of the debate by promising to lead on homelessness.

Lawyers for the city argued that putting Bass and the two council members on the stand would place “an undue burden” on them as elected officials. They instead presented as witnesses City Administrative Officer Matthew Szabo, who is the city’s top budget official, and Deputy Mayor Etsemaye Agonafer, calling them the most knowledgeable about the settlement agreement.

Last week, Carter delayed ruling on whether Bass and the council members should testify, saying he first wanted to hear from Szabo and Agonafer, who handles homelessness issues for Bass.

Agonafer testified for about four hours Thursday. Szabo, who has overseen the city’s compliance with the settlement agreement, was questioned off and on during four hearing days. In multiple exchanges, he said he was confident the city would comply with the terms of the settlement by June 2027.

The two council members who had been sought as witnesses by the alliance have been highly critical of the city’s homelessness programs.

Rodriguez, who represents the northeast San Fernando Valley, frequently uses the phrase “merry-go-round from hell” to describe the city’s struggle to get accurate data from the Los Angeles Homeless Services Authority, a city-county agency.

Park, who represents part of the Westside, said during the council’s budget deliberations last month that the city had wasted billions of dollars on homeless programs. Before casting her vote, she also said the city is “unable to manage” its own homeless affairs.