Evicted tenant demands Supervisor Vallie Brown apologize and retract ‘false accusations’ — or face potential defamation suit
Painstakingly detailed month-by-month receipts prove that the tenants evicted 25 years ago by Supervisor Vallie Brown were indeed paying rent, and had been for years — contrary to Brown’s repeated claims that they were not.
What’s more, a sworn 1994 declaration from probate attorney Edward J. Watson states that the property at 148-152 Fillmore St. was “occupied by long-term tenants who were paying rents substantially below market value” (emphasis ours) and “Our firm collected all rental receipts and other income due the estate.”
Brown’s long-ago eviction of low-income African American tenants has become a contentious issue in the closing stanza of her race against Dean Preston for District 5 supervisor.
That the evictions took place is not contested — but the circumstances are. Brown told Mission Local that Mary Packer, Wandolyn Dessman, Thomas Cotton and other tenants “didn’t want to pay rent. They didn’t pay rent.” In an e-mail to a constituent, Brown wrote that the probate lawyer for the former owner’s family told her that “folks in the building hadn’t paid rent in years.”
And yet the 1994 declaration from Watson — the attorney for the executors of the will of the Fillmore Street home’s prior owner — unabashedly states that all “rental receipts and other income” had been paid by the residents of 148-152 Fillmore.
This is in contrast to another tenant of the prior owner, Gilbert Clark, residing elsewhere, who “became difficult and stopped paying rent” — spurring Watson’s firm to initiate eviction proceedings against that tenant.
Month-by-month receipts of rent payments from Packer, Dessman, Cotton, and others were provided in a cease-and-desist letter delivered to Brown yesterday and penned by Packer’s attorney, Robert De Vries.
“Mary is not a politician or activist. She was shocked to recently find out that you publicly accused her (and the other tenants of the Fillmore Street building that you and your cohorts evicted) of not having paid rent in years and refusing to pay rent,” reads the letter from De Vries.
“To be clear – this is not a she said/she said situation. Attached to this letter as Exhibit “B” is a copy of an accounting filed with the probate court relating to the sale of the Fillmore Street property. That accounting clearly shows that Mary Packer, as well as the other tenants in the building, were in fact paying their rent. There is no legitimate question that your accusations against Ms. Packer are false.”
De Vries goes on to demand Brown “immediately and publicly withdraw your false accusations against Mary Packer.” If this is done by tomorrow evening, “Ms. Packer will accept that as an apology and will forego her right to file a defamation action against you.”
Calls to Brown and her campaign consultant Leo Wallach were not immediately returned. Wallach sent a text message stating that their attorney is “working on a response.”
We will update this story when we receive that response.
Wallach didn’t deny the veracity of the receipts. “No, we assume they are correct,” he texted. “We were not correct in restating there was an issue with rent before Vallie and her friends took possession.”
The first reporting on the evictions at 148-152 Fillmore came earlier this month in SF Weekly. The sworn declaration from Watson was unearthed by the San Francisco Tenants Union.
“I told you. I told you. It’s all there,” said Packer when reached for comment regarding the receipts indicating her dutiful payment of her $205 monthly rent between August 1992 and April 1994.
Brown and three friends bought the building on April 13, 1994. By April 25, multiple tenants had filed wrongful eviction petitions. In 1996, De Vries represented Packer in a suit against Brown and her colleagues for rent control violations. That case settled; while Packer says she cannot discuss the terms, Brown has said that Packer received a $30,000 payment.
Packer took umbrage not only to Brown’s claims that the tenants were not paying rent, but to the supervisor’s written charge that “my opponent and his allies are once again using vulnerable people to attack me.”
This claim, that Packer, Dessman and others lack agency and are merely pawns, garnered a fiery denial.
“That’s a lie. Ain’t nobody asked me to do nothing,” Packer responded. “I called Dean Preston’s office. I called [De Vries]. I do have five senses; I’m not a dumb black woman. I did it on my own: me, myself, and I. And I know what’s right and wrong and I’ll put my hand on the bible and swear.
“You tell Vallie Brown that she’s the one who manipulated me when she said I wasn’t paying my rent.”
Update, 3 p.m.: Vallie Brown’s attorney, Jesse Mainardi, has released a letter.
In it, he opens by stating “an opponent exploited a situation involving Ms. Packer twenty-five years ago to attack Supervisor Brown and to distract from the real differences between the candidates’ policy positions.”
It remains to be seen if Packer finds that characterization, like so many others that have preceded it, to be fair and accurate. It also remains to be seen what is to be done about the dissemination of claims the former tenants did not pay rent on mailers cluttering the mailboxes and recycling bins of District 5 residents.
The letter goes on to state:
Yesterday, you indicated that one contention among the many in the response – that the tenants of 152-A Fillmore Street had not paid rent for years and had refused to pay rent – was inaccurate. Supervisor Brown is sorry for repeating incorrect information and she thanks you for bringing it to her attention.
Supervisor Brown and her campaign apologize to Ms. Packer, and to the other tenants, for that misstatement, which they retract and which they have removed from their website.
Supervisor Brown would also like to convey her apology directly to Ms. Packer, and to otherwise discuss the situation with her. Please convey Supervisor Brown’s apology and request to Ms. Packer and let me know if she would be willing to meet with Supervisor Brown.
Reached for comment this afternoon, Packer said this letter is unsatisfactory. “The letter has to be signed by her,” meaning Vallie Brown. “Not him” — her attorney, Mainardi.
“All those fliers she sent out saying the tenants weren’t paying their rent — I want all that backtracked. I want mailers saying we were paying rent.”
When asked if she would be filing a defamation suit on Oct. 30, Packer said she couldn’t discuss that now.