Gap in Spa City code revealed

Unhappy renters find air conditioning is not required

HOT SPRINGS — The city of Hot Springs said its property maintenance code doesn’t allow it to cite the owner of Greenbriar Apartments for removing air conditioners from occupied units.

Michael Cotroneo is assessing a surcharge for air conditioners, telling tenants their units will be removed if they don’t pay $25 a month for a small window air conditioner and $130 for a large one. The monthly fee began being assessed in January. According to a notice tenants received earlier this week, those with balances from previous months will have their air conditioners removed for the remainder of the year if they don’t pay the past due amount within 30 days.

Cotroneo is part of the group that acquired the rent-controlled complex opposite Bank OZK arena on Convention Boulevard last May for $1.83 million.

The city told Cotroneo last month that removing a working appliance, including an air conditioner, from an occupied unit violated code, according to emails the city provided The Sentinel-Record in response to a records request. But earlier this week Deputy City Manager Lance Spicer said air conditioning isn’t required by the International Property Maintenance Code the city adopted.

“Unfortunately, this is an area where common sense and regulations do not intersect, because there is no requirement to provide air conditioning equipment or appliances for tenants in the Hot Springs or Arkansas Code currently,” Spicer said Wednesday. “The city is allowed to adopt more stringent regulations than listed in the IPMC, meaning that requiring air conditioning to a specific temperature could be an option. Staff is still reviewing this area.”

Code Section 603.1 requires mechanical equipment, appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances to be installed and in proper working order.

“You will see there is no mention of air cooling equipment and appliances listed,” Spicer said. “Obviously this development is a setback in providing assistance to the tenants of the Greenbriar Apartments and others that might come forward. We will continue to uphold the current code requirements and work towards a solution to the obstacle presented to us.”

Code requires dwelling units maintain a minimum temperature of 65 degrees but has no standard for maximum air temperature.

Cotroneo has noted the property’s project-based Section 8 contract with the U.S. Department of Housing and Urban Development doesn’t require the subsidized rents to include air conditioning, only heat, a stove, a refrigerator, hot water and lights. He informed Southwest Housing Compliance Corp. last fall about his plan to charge for air conditioning. HUD contracts with Southwest Housing Compliance Corp., a subsidiary of the housing authority in Austin, Texas, to administer Section 8 contracts in Texas and Arkansas.

“Based off of correspondence between the owner and HUD, the act of removing the air conditioning unless a monthly fee is paid for their use from the apartments appears to be acceptable to HUD,” Spicer said.

Several Greenbriar residents complained about living conditions there during the public comment section of Tuesday night’s Hot Springs Board of Directors meeting. A notice the complex issued earlier in the day directed tenants to submit their complaints to apartment management instead of the city, warning that fines resulting from complaints made to the city could be passed on to tenants.

“We have been contacted by the city of Hot Springs that some residents of Greenbriar have continually contacted them with maintenance requests and/or complaints,” the notice said. “Such requests and/or complaints have not been given to management of Greenbriar, and as such, fines may be assessed by the city.

“The letter is a notification to each household that should such occur, such fines may be passed on to the resident’s household and full payment will be required within 30 days.”

Cotroneo was arrested at the apartment complex last month on a charge of harassing communications. According to the probable cause affidavit, he texted an unsolicited photo of his privates to a tenant in April. According to court records, Cotroneo pleaded not guilty last week in Garland County District Court and is scheduled to go to trial in October.