Judge denies Independence Towers tenants’ request to join lawsuit against building’s owner
A Jackson County judge dealt the residents of Independence Towers a blow Monday by denying their request to join a lawsuit against the property’s owner, according to court documents.
“Based on the nature of the case as presented, case law and the arguments presented in the pleadings, the Court does not find that intervention is proper in this case,” Judge Charles H. McKenzie said in a brief ruling.
In his ruling, McKenzie said he did not determine the right of anyone to bring a lawsuit, nor was the order intended to comment on the tenants’ allegations. Instead, his ruling was based on existing precedents relating to the right to intervene.
“We are disappointed the court did not grant our motion, but tenants remain committed to fighting for their homes,” said Justin Stein, an organizer with KC Tenants. “The only solution is a collectively bargained lease agreement as a condition of the sale of the building so tenants can finally secure a safe, healthy, and affordable place to live. Tenants will continue to organize to ensure they are treated as people, not just numbers on a spreadsheet.”
Stein added that while Independence Towers has been under receivership, Fannie Mae and Trigild have forced tenants to live without hot water, heat and air conditioning. The tenants continue to live with holes in their walls and ceilings, mold, cockroach infestations, and unsafe windows.
The tenants had sought to intervene in a lawsuit filed earlier this year by Fannie Mae against the building’s owner, 728 N Jennings RD Partners LLC, which Parker Webb, the CEO of FTW Investments LLC, controls.
Fannie Mae sought an emergency appointment of a receiver, contending that the limited liability company failed to maintain the building at 728 N. Jennings Road in Independence according to the loan agreement.
In May, McKenzie appointed San Diego-based property management giant Trigild Inc. as receiver of the property, replacing the former building management, Tango Property Management LLC, which FTW Investments own.
The building’s owner has since filed a counterclaim against Fannie Mae, accusing it of breach of contract and breach of good faith and fair dealing.
In August, tenant Anna Heetmann asked the court for permission to intervene in the dispute on behalf of the tenants in the building. Heetmann contended that the court should allow her to intervene because neither Fannie Mae nor the building’s owner had the ability or legal right to protect her and the other tenants’ interests and rights.
Attorneys for Fannie May and Webb opposed the intervention.
Independence Towers residents unionized with KC Tenants in May after the building’s hot water system was down for two weeks, following months of serious plumbing, heating and cooling, and structural and pest control issues.
An alleged arson in June damaged multiple units on the lower floors of the building. In July, 3-year-old Tidus Bass fell to his death out of an eight-story window at the apartment building.
Moses Lee Bass, 31, and Destiny Lee Randle, 29, each were charged with first-degree child endangerment, a felony, in the boy’s death.
Some of the tenants have been on a rent strike since October. The union authorized its third month on strike at the beginning of December. The union said 63 units were occupied at the time, and 68% of those residents were involved in the tenants union. Since the strike began, 57% of the households have been on rent strike.
