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Judge set to decide Monday if Independence Towers tenants can join lawsuit with Fannie Mae, former landlord

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KANSAS CITY, Mo. — A judge is expected to rule Monday on whether or not tenants at a troubled Independence apartment building can join a court case between Fannie Mae and the apartment's former landlord.

The civil case started in February when Fannie Mae, the loan lender, filed a suit claiming the landlord, FTW Investments, failed to provide a safe living environment at Independence Towers Apartments and was behind on its payments.

VOICE FOR EVERYONE | Share your voice with KSHB 41’s Sarah Plake

This led to the property going into receivership, with Trigild Inc. now acting as the receiver.

As the case has moved through the court process, the tenants said no one has done anything to address their concerns.

Anna Heetman, a tenant and union leader at Independence Towers, filed a motion to intervene in the case on July 22.

Judge Charles McKenzie will decide if Heetman and the other tenants can become an official party to represent their own interests.

The hearing will take place in Jackson County Circuit Court, Division 13, at 3 p.m. on Monday, Sept. 16.

KSHB 41 News has covered the tenants' concerns.

They say they've gone without heat, hot water and air conditioning. They also say they've had to live with mold, pest infestations, water issues and structural damage in the units.

A fire damaged several units in June.

Independence Towers

"I have a hole that's been in my ceiling for three years," Diasha White told KSHB 41 at a tenant rally in August.

Diasha White - Tenant
Diasha White - Tenant

The situation caught Congressman Emanuel Cleaver's attention and disbelief.

"I have never seen conditions like this in my life," Cleaver told KSHB 41.

Rep. Emanual Cleaver (D) Missouri
Rep. Emanual Cleaver (D) Missouri

Cleaver recently toured the apartment building and said he'll do anything he can to help the tenants, including getting the director of the Federal Housing Finance Agency involved.

"There's no confusion in my head that people who have the responsibility to do the right thing at Independence Towers did not do it," Cleaver said.

Tenants want relief now.

"There's no more sticking band-aids on it," White said.

Amid the unlivable conditions, a 3-year-old boy, Tidus Bass, died after falling from his family's eighth-floor apartment window.

His parents were charged with endangering the welfare of a child.

They told police they'd been trying to get maintenance to fix the window for a year.