Latest news with #IndependenceTowers
Yahoo
27-04-2025
- Business
- Yahoo
Judge approves sale of Independence Towers; tenants demand fair lease agreements
A Jackson County judge on Friday approved the sale of the troubled Independence Towers, a move aimed at continuing improvements at the apartment building in Independence. Judge Charles McKenzie approved the sale of the building for $2.8 million to PG Independence Towers LLC, an Indiana limited liability company whose parent company is Dynasty Properties Inc., an Illinois corporation with ties to Vijai Ponnezhan. Meanwhile, tenants in the Independence Towers Tenant Union have renewed demands to meet with Ponnezhan. They have attempted to reach Ponnezhan to request a meeting, but he has not responded, according to a news release. 'Vijai Ponnezhan now has the opportunity to end the cycle of neglect toward Independence Towers by meeting with our union and establishing a mutually cooperative relationship,' the tenant union said in a statement. In his order, McKenzie noted his decision relied on the testimony earlier this month from Nancy Daniels, a Trigild vice president, who said that PG Independence Towers has other properties in the area and has demonstrated that it can continue improvements at the apartment building. 'The Court considers this testimony to be an important factor in the Court's analysis, because the character of the property includes that it is an apartment building where people live and call home,' McKenzie wrote in his order. 'The Court recognizes that the residents of the Independence Towers have a strong interest in the rehabilitation of the property and its capacity to serve as homes for the residents.' The order approving the sale comes after a year-long legal battle involving lender Fannie Mae and the building's owner, 728 Jennings RD Partners LLC, which Kansas City real estate investor Parker Webb, the CEO of FTW Investments LLC, controls. Fannie Mae contended that 728 N Jennings RD Partners failed to maintain the building according to its loan agreement and accelerated the loan payments. In February 2024, Fannie Mae sued the company and sought an emergency appointment of a receiver. 728 N Jennings RD Partners filed a counterclaim, accusing Fannie Mae of breach of contract and breach of good faith and fair dealing. McKenzie appointed Trigild Inc., a San Diego-based company, as the receiver responsible for managing the troubled apartment building at 728 N Jennings Road in May 2024, replacing the former building management, Tango Property Management LLC, which FTW Investments owns. Trigild filed a motion last month for permission to expedite the sale of the apartment building, citing the possible erosion of property value and an ongoing legal battle with tenants attempting to form a class-action lawsuit against 728 N Jennings RD, FTW Investments, its partners, and other related companies. The proceeds from the sale would go to lender Fannie Mae to pay a portion of the outstanding loan balance and the receivership expenses. According to court documents, the sale would cover only about half of the more than $5.5 million owed by 728 Jennings RD Partners. Residents have long complained about poor living conditions at Independence Towers, including issues with cockroaches, mice and other pests, and the lack of air conditioning, heat and hot water. In May 2024, some residents formed the Independence Towers Tenant Union with the Kansas City tenants advocacy nonprofit KC Tenants. An arson attempt in an apartment last June damaged several units on the lower floors of the building. In July, 3-year-old Tidas Bass fell to his death from an eighth-floor window. Moses Bass and Destiny Lee Randle are facing first-degree child endangerment charges. They have filed a civil lawsuit claiming the window lacked adequate locking mechanisms and other safety features that would have prevented the boy's death. Meanwhile, multiple tenants have been withholding rent for seven months, in what organizers have described as the Kansas City area's longest-running rent strike. The tenants plan to continue their rent strike until the new owner commits to meet and bargain a fair lease agreement, the tenants' union said in a news release. 'We formed the Independence Towers Tenant Union to stand up against treatment that can only be described as dangerous and inhumane,' the tenant union said in a statement. 'We are a community, and Independence Towers is our home.' Previous reporting by The Star's Ilana Arougheti and Noelle Alviz-Gransee contributed to this article.
Yahoo
19-04-2025
- Business
- Yahoo
Amid further delays in Independence Towers sale, tenants remain doubtful
As a Jackson County judge continues to debate the potential sale of Independence Towers after a year-long receivership, tenants remain worried that they will not be heard — or protected — by the terms of the sale. Trigild Inc., a San Diego-based company which Judge Charles McKenzie appointed as the receiver of the troubled apartment building at 728 N Jennings Road in May 2024, filed a motion in March requesting that the court approve the sale of the building to PG Independence Towers LLC for $2.8 million. PG Independence Towers LLC is an Indiana-based shell company linked to Dynasty Properties Inc., an Illinois corporation owned by Vijai Ponnezhan, according to court records. Dynasty's application to purchase Independence Towers was one of seven similar applications, according to court documents. As McKenzie questioned Trigild Vice President Nancy Daniels Friday, about 20 Independence Towers tenants and supporters lingered in the courtroom, hoping they would be allowed to speak despite not being a legal party to the sale. McKenzie declined to make a final call on the proposed sale Friday, waiting to review a final report from Trigild. Before closing the hearing, he addressed tenants directly, declining on the basis of court protocol to let them speak but vowing to keep their interests in mind. 'I am not ignoring anybody, and I am not ignoring any circumstances,' McKenzie said, addressing the courtroom gallery. 'I am cognizant of the issues.' Tenants, however, worry that Friday's hearing signals that McKenzie will not include additional protections — such as mandates to speak with tenants or renew existing leases — in the final sale agreement for Independence Towers. 'Whether it's a legally binding agreement or not, tenants should be afforded an opportunity to at least meet and ideally negotiate a lease agreement that protects tenants when the sale happens,' Independence Towers resident and organizer Anna Heetmann told The Star. 'Tenants should be involved, and the law doesn't afford us an opportunity to be heard.' Daniels said Friday that the process for selling Independence Towers began six months ago, after Trigild decided to find a traditional buyer rather than putting the building up for auction. 'A potential sale was always contemplated within the scope of this receivership,' Daniels said Friday. Daniels testified that one of the reasons Trigild hopes to choose Dynasty as a buyer for Independence Towers is the firm's prior experience taking over residential buildings in distress. 'I am very much aware that when we have a multifamily [building] come into receivership, these are people's homes,' Daniels said. Aaron Jackson, an attorney for Trigild, said Friday that Dynasty has expressed that if they bought Independence Towers, none of the existing leases would be 'modified or wiped out.' For Heetmann, though, Trigild's considerations are inadequate compared to direct tenant involvement. 'It sounds like it was a robust process, but tenants were not involved in that process at all,' Heetmann said. 'We've been in a position where we're let down time and time again by landlords who come in and fail to actually put money into the property.' Fannie Mae has put upwards of $1.5 million into building repairs, maintenance and upgrades organized by Trigild throughout the marketing process, Zachary Hemenway, an attorney for Fannie Mae, said Friday. Jackson said additional delays to the sale process could make it difficult to maintain Independence Towers' current market value, since the building is currently operating at a loss. 'Rental income for the property is insufficient to perform all the repairs,' Jackson said. The proposed sale was discussed in court amidst multiple ongoing legal battles between Independence Towers' owners, lenders, receivers and tenants. Fannie Mae initially filed a lawsuit against FTW Investments — owned by former Independence Towers owner Parker Webb — in January 2024, alleging that FTW had defaulted on its initial loan and that its subsidiary had failed to properly manage the building. FTW countersued Fannie Mae, alleging breach of contract. Organized tenants first attempted to become party to the lawsuit in August when Heetmann filed a motion to intervene. Her motion was denied based on precedent. Also in August, a former Independence Towers tenant and a former tenant of the nearby Stonybrook East apartment complex sued FTW and its partners, citing poor conditions and retaliation. Trigild filed an emergency motion on March 21 to expedite the sale of Independence Towers to its potential new receivers. Webb filed a contrasting motion through 728 N Jennings Rd Partners LLC, claiming that the sale was too rushed. The proceeds from the sale would go to lender Fannie Mae to pay the costs of the receivership as well as the balance of Webb's initial loan. Webb's LLC still owes over $5.5 million in debt related to Independence Towers, according to court documents, which would only be about half-covered by the proposed sale. Dynasty presented the second-highest offer during the search process, Daniels testified, coming in $50 under the highest offer. Independence Towers has been plagued with poor living conditions and serious utility issues for some time, according to tenants, including plumbing and HVAC failures, pest infestations and mold. Some residents of Independence Towers formed a union with Kansas City tenants advocacy nonprofit KC Tenants in May 2024 after a two-week hot water shutoff in the building. In June, an arson attempt in an Independence Towers apartment damaged several units on the lower floors of the building. In July, 3-year-old Tidus Bass fell to his death from an eighth-floor window, prompting felony child endangerment charges for residents Moses Bass and Destiny Lee Randle, who have now filed their own civil suit, claiming they attempted multiple times to get management to fix the faulty window latch. Multiple unionized tenants have been withholding rent for seven months as of April, in what organizers have described as the Kansas City area's longest-running rent strike. Daniels testified that Trigild inherited a 'very distressed property' and had to authorize expensive repairs to the garage, elevator, heating and cooling system and common areas. 'From the day we took over until today, we've been addressing repairs on a regular basis,' Daniels said. 'It's significantly better, but it's very clear that this property needs a buyer who is willing to come in and make significant changes.' Heetmann, however, doesn't believe that the building's condition has notably improved since Trigild took over. 'Significantly is a very strong word, and I would not agree with that,' said Heetmann. 'I will agree that there have been improvements made, but the pest situation is not, at least from my observation, not meaningfully improved.' As negotiations over the potential sale of Independence Towers continue, Heetmann noted that tenants feel their advocacy has brought some improvements outside of the courtroom. Recently, a tenant report detailing broken equipment in the laundry rooms led to immediate repairs by property managers, Heetmann said. 'Every time that we've been afforded any opportunity to be heard, or expressed what's been going on in the property, there's a reaction almost immediately,' Heetmann said. 'What I've learned about tenants' rights is that we are the most protected when we stand together and when we speak up.' The final hearing on the proposed sale has not yet been scheduled. Previous reporting by Robert A. Cronkleton and Noelle Alviz-Gransee contributed to this article.
Yahoo
09-04-2025
- Yahoo
Parents of boy who fell to death from Independence Towers file lawsuit
KANSAS CITY, Mo. — The parents of an Independence child who fell out of a window and to his death filed a wrongful death lawsuit in Jackson County. Moses Bass and Destiny Randle sued four businesses that owned or operated Independence Towers when the family lived in the building, as well as two window companies. Download WDAF+ for Roku, Fire TV, Apple TV In July 2024, 3-year-old Tidus Bass fell nine stories from the window of a bedroom at Independence Towers. According to court documents, Tidus suffered numerous fractures, respiratory failure and a pulmonary contusion. He died from his injuries at the hospital. The window only had a lock and no other basic safety features, according to the lawsuit, so parents say Tidus was able to open it by himself. The lawsuit also asserts that the windows were not installed properly and did not have proper safety features, such as locks and fall protection. According to the lawsuit, Randle and Bass said they made multiple complaints about the conditions in the apartment. The management had also received complaints from other people who lived in the building regarding its conditions. View the latest headlines from Kansas City, Missouri, and Kansas at According to Randle and Bass, Tidus opened the window because their apartment lacked air conditioning. The lawsuit claims that Tidus was able to open the window with ease due to the absence of 'adequate locking mechanisms.' Tidus' parents are asking for a jury trial and a judgment in excess of $25,000. Last July, both parents were charged with child endangerment resulting in the death of a child. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
22-03-2025
- Business
- Yahoo
Judge sets new hearing to consider sale of troubled apartment tower in Independence
A Jackson County judge on Friday set a new hearing next month to consider the sale of the troubled Independence Towers apartments, according to court records. Judge Charles H. McKenzie scheduled the hearing on the apartments' possible future ownership for 1:30 p.m. April 18. A court-appointed receiver, San Diego-based property management giant Trigild Inc., filed an emergency motion earlier this week asking for permission for an expedited sale of the apartment tower at 728 N. Jennings Road in Independence. Trigild said it had reached an agreement to sell the apartments to PG Independence Tower LLC, an Indiana limited liability company, for $2.8 million. But in a court filing on Friday, the building's owner, 728 N Jennings RD Partners LLC, opposed the accelerated sale. 'While 728 does not oppose the sale of the Property, it has concerns with the rushed nature of this sale,' Jason Leiker, an attorney for 728 N Jennings RD Partners wrote in the court filing. 'Particularly when the sale price is far below the indebtedness owed by 728, which is $5,550,000.' The proposed sale comes after a year-long legal battle between Fannie Mae and 728 N Jennings RD Partners, which Kansas City real estate investor Parker Webb, the CEO of FTW Investments LLC, controls. Fannie Mae contended that 728 N Jennings RD Partners failed to maintain the building according to its loan agreement and accelerated the loan payments. In February 2024, Fannie Mae filed a lawsuit and sought an emergency appointment of a receiver. In May, McKenzie appointed Trigild as receiver, replacing the former building management, Tango Property Management LLC, which FTW Investments owns. Trigild had asked for the expedited sale due to the possible erosion of property value and an ongoing legal battle with tenants attempting to form a class-action lawsuit against 728 N Jennings RD Partners, FTW Investments and others. The proceeds from the sale would go to lender Fannie Mae to pay the outstanding balance loan and the expenses of the receivership. In his filing, Leiker said that Trigild failed to address the difference between what is owed and the sale price as well as the loss or injury that his client might face due to the rushed sale. 'As it stands right now, 728's guarantors on the mortgage loan might be required to pay the deficiency,' the filing said. 728 N Jennings RD Partners contends that Trigild also failed to provide sufficient evidence about other offers to purchase the property nor attempts to negotiate a higher price. Just over a year ago, 728 N Jennings RD Partners had a purchase offer that was $500,000 higher, according to the filing. Leiker condends the tenant lawsuit has no significance on whether the sale happened Friday or in 30 days, saying a decision on whether class-action status would be granted is not expected until late summer. Trigild also failed to explain the reasoning behind its statement that the property's value is eroding, the filing contends, saying the receiver is responsible for keeping the property maintained, and it has 'lauded its own efforts in this regard.' Leiker also said in the filing that 728 N Jennings Road Partnership and Fannie Mae are in discussions to settle the lawsuit and the sale price Trigild receives for the property could impact whether a resolution is possible. '728 request the the property be sold,' the filing said. 'However, it believes the Receiver has a duty to ensure that maximum value is received . . . The rushed nature of this sale has red flags.' The property has been at the center of controversy for the last year, after tenants started raising red flags last spring about living conditions at the apartment building. Last May, residents of Independence Towers unionized with KC Tenants after the building's hot water system was down for two weeks, following months of serious plumbing, heating and cooling, and pest control issues. That, however, was just the start of a series of issues for the troubled complex. In June, an alleged arson fire damaged multiple units on the lower floors of the building. In July, 3-year-old Tidus Bass fell to his death out of an eighth-story window at the apartment building. Moses Lee Bass and Destiny Lee Randle each were charged with first-degree child endangerment, a felony, in the boy's death. Both alleged they tried for months to get the faulty window fixed. When U.S. Rep. Emanuel Cleaver II toured apartments at Independence Tower in September, he called the living conditions unacceptable. 'Some of it is worse than your words, I don't know how I'm going to describe it to people,' Cleaver said. In October, some tenants started a rent strike over the living conditions, which remains ongoing. Members of the Independence Towers Tenants Union said in a news release Friday they also oppose the sale, accusing Trigild of attempting to sell the building to 'another out-of-state landlord without the usual time for due diligence, leaving tenants with serious concerns about another transition that fails to guarantee safe, stable housing.' The Star's Noelle Alviz-Gransee contributed reporting.
Yahoo
19-03-2025
- Business
- Yahoo
Company asking judge to allow sale of Independence Towers property
INDEPENDENCE, Mo. — The company currently overseeing Independence Towers in receivership has asked a judge to allow the sale of the property. Trigild Inc., the court-appointed receiver of the Independence Towers, filed an emergency motion for the sale of the building on Monday. Kansas man posing as Walmart security charged for kidnapping, rape Tenants at Independence Towers have been on rent strike since Oct. 1, due to unlivable conditions. In October, Fannie Mae provided a $1.35 million investment during the strike that was supposed to take care of repairs for the towers. Per the filed motion, Trigild is looking to sell the property to PG Independence Tower LLC for $2.8 million. PG Independence Tower LLC is an Indiana limited liability company that seems to be owned by Illinois-based company, Dynasty Properties, Inc. Two seriously injured after car crashes into Louisburg, Kansas hair salon Tenants have tried to give their input in selecting a new owner and negotiating a collectively bargained lease. They also have intervened on court hearings and filed their own motions and evidence regarding the deterioration of the property. The next hearing for Independence Towers will be on Friday at 1:30 p.m. at the Jackson County Courthouse. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
