As Independence Towers stakeholders propose selling, future of tenants’ lawsuit unclear

As a Jackson County judge continues to consider whether Independence Towers residents will be able to take part in a lawsuit against the property owner, the building’s creditors are hoping to sell the property once again — and some residents are preparing for a possible rent strike.

Independence Towers is owned, but no longer managed, by Parker Webb, the CEO of FTW Investments. The building at 728 N Jennings Road in Independence was managed by Tango Investments, a company owned by FTW, until May 16, when a Jackson County court transferred receiver to San Diego-based property management giant Trigild Inc.

The transfer to Trigild came after Fannie Mae sued Webb — through his limited liability company, 728 N Jennings Road Partners. Fannie Mae contends that Webb and his company did not properly pay back loans for building repairs in 2023, and that they failed to maintain conditions at Independence Towers to the standard detailed in the loan agreement.

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, HVAC, utility, structural and pest control issues. Additionally, multiple units on the lower floors of the building were seriously damaged by arson in June, and a 3-year-old boy died after falling out of an eighth-floor window in July.

Shortly after the child’s death, resident Anna Heetmann filed a motion to intervene in the lawsuit, stating that deteriorating conditions in the building violated the leases of more than 50 residents. Since then, attorneys for Fannie Mae and Webb have filed motions opposing the intervention, and the building’s owners have filed a counterclaim against Fannie Mae.

Residents had hoped that Jackson County courts would rule Monday in favor of letting Heetmann join the lawsuit. Instead, attorneys for Trigild and Fannie Mae said at a Jackson County court hearing Monday that they would support dropping the lawsuit in favor of selling Independence to someone else.

“They’re trying to sort this thing out amongst themselves and move on, because they just want to sell the building,” KC Tenants organizer Justin Stein said Monday, addressing Independence Towers tenants. “They’re trying to decide what happens to your homes amongst themselves, without you.”

The plan surprised Jacob Doleshal, an attorney representing Webb through 728 N. Jennings Road Partners. Both attorneys for Trigild and attorneys for Webb’s company claimed Monday that other parties involved in the case have submitted poor or late reports, impeding the court’s understanding of the actual state of the property.

“This is the first we’ve heard of [selling Independence Towers],” Doleshal said at Monday’s hearing, as about 20 Independence Towers residents and KC Tenants organizers looked on.

Heetmann and Elliot West, another tenants’ union leader, said tenants wouldn’t support the sale of the building unless the union had a hand in finding new ownership. As of August, West previously said, 60% of tenants were affiliated with the union.

Regardless of what happens with the proposed sale or the lawsuit, unionized residents will vote at the end of the month on whether to begin a rent strike on Oct. 1.

Support for the strike was solidified, Heetmann said, after U.S. Rep Emmanuel Cleaver II said he was horrified by the building’s condition while visiting Independence Towers on Sept. 3.

“We need to have a say in who takes over our building to make sure that we actually get what we need in our homes,” West said. “Not what they deem necessary, which is, you know, cosmetics.”

Attorneys also debated on whether the building is too far gone to attract a new seller. Trigild, for one, believes that Independence Towers could still attract a new tenant with enough investment in repairs.

“I do believe progress is being made,” Aaron Jackson, an attorney for Trigild said. “The property was not perfect when we took possession of it. Everyone knows that. There’s still a ways to go.”

As of the end of July, 18 units in the building were considered uninhabitable due to fire damage, mold or other issues, according to court documents. Zachary Hemenway, an attorney for Fannie Mae, said Fannie Mae has put $400,000 into repairs around the property since May to make it more sellable.

“There’s a lot of issues,” Hemenway, the attorney for Fannie Mae, said. “...Some of them are not issues that can be addressed quickly.”

Recently, window air-conditioning units were installed in some apartments after residents spent weeks without cooling this summer. According to court documents, it would take $500,000 to fix the building’s chiller in order for in-unit air conditioning to be available again.

Heetmann and West said they haven’t seen further evidence of significant repairs.

“I don’t even think they’ve put in under $13,000,” West said. “All they’ve done recently is put in new carpets on a few floors, and the lackluster pest control that they did.”

Carpeting was recently replaced in the Independence Towers lobby and throughout the building, attorneys said Monday. Court documents also indicated that Independence Tower’s hot water system was fixed as of Aug. 8.

However, Heetmann said the building’s water system was down for two hours Monday morning, with continuing pressure issues and flooding on the ninth floor.

“They’re here installing new carpets before they fix the plumbing,” Heetmann said. “Now, what do you think is going to happen when there’s mold and leaks, or bursting pipes? I believe if we had a seat at the table, us tenants who have real-life knowledge and expertise in our building… there would be more opportunities for repairs.”

Heetmann has until Friday to file a response to Fannie Mae and Trigild’s objections. Judge McKenzie will rule before Oct. 29 on whether Heetmann will be allowed to join the lawsuit.

Meanwhile, West, Heetmann and other tenants are turning their attention to the rent strike vote — and wondering whether Independence Towers’ heat will be turned on this year.

“I’m concerned that with the AC not working, the heating is not going to work either,” West said. “They said that the heat is supposed to come on October 1. I don’t believe them, if I’m being real.”

Previous reporting by The Star’s Noelle Alviz-Gransee was used in this article.