S.F. Landlord Couple Guilty or Victims of Lawsuit-Happy Tenant?

San Francisco, CAA landlord couple in San Francisco has been accused of reigning terror on tenants at their South of Market apartment building in an effort to drive out the renters. Their lawyers say that they have fallen victim to a lawsuit-happy tenant who had filed a suit against the previous owner of the building for wrongful eviction. The lawyer for the couple says they have done nothing wrong.

Kip and Nicole Macy, 32 and 33, pleaded not guilty to felony charges brought against them that include conspiracy, stalking, and burglary. Kip Macy has been able to post his $350,000 bail, but his wife remains in jail as her husband tries to raise the funds to make her bail. He is a software engineer and she is a real estate agent, so they agreed that he would post his bail first since he is more likely to make the money for her bail. The lawyer for the Macys did ask the judge to reduce the bail, but the request was denied. In the meantime, Nicole Macy made her court appearance in an orange jumpsuit and provided the judge with one word answers as he asked her questions. Kip Macy was permitted to be absent from the hearing.

Prosecutors have alleged that the Macys had ordered the joists under one tenant's living room to be cut. The same tenant also claims that they cut holes in his floor because he was fighting eviction. Authorities have stated that Nicole Macy broke into the apartments of two tenants and poured ammonia on their things because they would not move out of the building. They have also said that since the couple purchased the building in 2005, they have cut power, water, and gas to the tenants because they were hoping to sell the six units of the building as tenancies-in-common.

Nicole Macy has denied all of the charges and Kip Macy has said that he is not aware of who would direct the joists to be cut under the living room of a tenant. The accusations had been brought on by tenant Scott Morrow and Lisa DewBerry, the lawyer for Kip Macy, has said that Morrow should not be believed because he had brought a lawsuit against the previous owners when they tried to evict him. DewBerry has further stated that he was not cooperative with anyone the Macys would use to help maintain the building.

The judge did agree that the accusations DewBerry made against Morrow were disturbing and that he may again address the issue of not lowering the bail because of this information. J. Scott Weaver, the civil attorney for Morrow, stated that Morrow won his lawsuit against the previous owners. He had received a settlement and the right to stay within the building.

The lawyer for Nicole Macy, Michael Whelan, stated that Nicole Macy has never had any previous issues with the criminal justice system. In other words, she has never had any type of criminal record. He has stated that the case pretty much comes down to a property dispute, that no violence was involved. If any lines were crossed, the offenses would be a misdemeanor at the most.

DewBerry has asked the judge to seal all of the legal filings in the case. The Macys have received a number of disturbing communications since news of the case was made public The judge did not rule and asked the parties to be back in court on May 23.

By: Ginger Gillenwater