EVANSTON — A local couple with disabilities say they have been struggling to get their building manager and apartment complex owner to respond to work orders for repairs. Karen and Steven McCoin have lived in the Wentworth Apartments at 96 E. Hayden Ave. for nearly four years. They reached out to the Herald, they said, after “getting nowhere” with management and ownership.

“The mold is in every window and on the bathroom floor around the toilet,” Karen McCoin said. “We were told to clean the mold up ourselves with Clorox, vinegar and water solutions or with Lysol Mold to wipe it away, but it keeps coming back even after using those solutions. The manager at that time … said she called the owner, Randale Cottam. [The manager] told me that Randale said, ‘If we weren’t happy with the apartment, we could move.’”

The McCoins called Evanston Housing Authority (EHA) to see if they could help. Program manager Tracy Thompson told Karen McCoin that EHA had no jurisdiction over the Wentworth buildings and to call HUD (Housing and Urban Development). Thompson and program manager Helen Tucker both told the Herald they have had complaints from several Wentworth tenants who receive rental assistance from EHA.

Karen McCoin is in a wheelchair and needs help getting into and out of a car for doctor appointments. Her husband Steven, who has been a victim of strokes, has to use a walker due to balance issues. Both say they need to be able to use the sidewalk ramp at the end of their apartment building; however, they said snow is seldom cleaned from the ramp and Karen McCoin has to have help to push her wheelchair through the snow.

The back door to their apartment, which would be an emergency exit in case of a fire, has not been cleared of snow all winter, Karen McCoin said. The metal window frames, the entry front door and the back door have little or no weather stripping, which they said contributes to the moisture in the air, aiding in the growth of the mold.

Karen McCoin said she sent a work order dated Dec. 30, 2021, regarding the lack of weather stripping on the doors and the fact that they were having to use duct tape on the doors to keep out the drafts. McCoin said she received no response from the manager and there is still no weather stripping on the doors.

Karen McCoin said when she has complained to the manager and asked for help, she was told to clean the mold herself. She called city hall to get the name of the owner of the apartments and then called Cottam herself. McCoin was told never to call the owner and that she had to go through the manager to get a work order. She said when the current manager told her the mold “wouldn’t hurt her anyway,” she decided to pay to have the mold tested. 

The test results on the mold from the apartment showed indoor air containments of: “Rhodotorula spp, Cladosporium spp, Stachybotrys spp, and Penicillium spp.” Research on these show that any and all may cause allergies, asthma, headaches, sneezing, runny nose, red eyes and skin rash.

Rohne Padilla, who is also disabled and in a wheelchair, lives in the building close to the McCoins. Padilla said she, too, has had many problems with management neglecting to respond to work orders. When her dishwasher broke down, she said, and had standing water in it, mold had grown. Padilla said she immediately turned in a work order and a month went by with no response. Padilla’s caregiver, Rose Parker, called HUD and management finally sent someone to fix it, she said.

“I have had floor tile peeling up in my apartment for three years, which is dangerous for me with a wheelchair,” Padilla said. “I have asked them to fix it but they haven’t. I had water leaking into a light fixture, which caused mold, and they finally fixed it. I had mold in the shower for years. I’ve gone days with no water pressure. I could go on and on.”

Karen McCoin said that, after receiving the results of the mold tests and getting nowhere with apartment management, she called and reported the situation to Stephanie Olson at Fair Housing Authority in Cheyenne. Olson told McCoin she would need proof of disability for her and her husband and when Olson received the proof, she would open and proceed with the case.

Wyoming’s Fair Housing Act “prohibits discrimination in housing based on race, color, national origins, religion, familial status, sex or disability.” McCain’s complaint is being investigated by Fair Housing and Equal Opportunity (FHEO), which is a department of HUD. McCoin was told that a representative from HUD will contact the owner of the apartments regarding the mold.

McCoin also called Wyoming’s Protection and Advocacy (P&A) System, which is a federally-funded program that works at the state level “to protect individuals with disabilities by empowering them and advocating on their behalf.” 

Lori L. Regnier is a senior program administrator at P&A.

“P&A’s mission is to advocate for people with disabilities in Wyoming,” Regnier said in an email to the Herald. “One of the requirements for P&A advocacy is proof of a qualifying disability. P&A is investigating allegations of possible housing violations. It is early in the ongoing investigation and we cannot comment further on the investigation at this time.”

Karen McCoin said, “The manager has no understanding of our disabilities. When we had to sign the papers recently for renewal of our lease, she refused to come to our apartment. She said we had to go there. My husband has had strokes and struggles to push my wheelchair down the driveway to the office building at the end of the entrance.”

Bryant Cottam, who with his wife, Randale, has owned the Wentworth Apartments for approximately four years, told the Herald, “We do the best we can and put forth a reasonable effort. Wyoming is cold, and moisture builds up when the doors are closed most of the time. We have told the residents they need to wipe up the moisture when it condenses. This has been a banner year for snow. We follow HUD regulations and the snow is removed within 24 hours.”

Bryant Cottam said that on Friday, March 3, he received a work order for the mold removal and just minutes after received a call from HUD. He said it’s untrue that management had done nothing about the mold, adding that it took time to get the work order and send a sample in for testing and by then, the McCoins had already involved HUD.

“To say nothing is being done is not accurate,” Cottam said. “We comply with all regulations. We spend a lot of money keeping things maintained, and we are trying to do the right thing. The testing of the mold first was the right thing to do to protect my maintenance person and the resident. It is a balancing act and challenging working with residents and managers.”

In response to some of the other residents’ complaints, Cottam said that it takes so much time these days to get contractors and supplies. After the COVID-19 pandemic, he said, the supply chain broke down. He said he has gone through several snowplow companies and has spent an enormous amount of time dealing with snow issues.

“This is the first time I am hearing about the mold,” Cottam said. “I’m not aware of any work orders not being handled. My maintenance man will be at the McCoins on Monday to take care of the mold.”

Tuesday, March 7, McCoin reported that a maintenance worker had come the evening of March 6 to clean the mold.

“[He] started to leave after cleaning the bedroom window and my husband reminded him that the mold was in all of the windows,” Karen McCoin said. “… The bedroom window still has mold in half of the sill.” As of Tuesday, March 21, the rest of the black mold on one window had not been removed. 

Wyoming statute details tenant and landlord responsibilities. Wyoming law states that all tenants have basic rights and “all tenants in Wyoming are legally entitled to a unit that meets basic health, structural, and safety standards, and that is in good repair.”

State statute defines the landlord’s responsibilities: “A landlord must keep the rental unit in reasonable repair and fit for human habitation, including the maintenance of all electrical, plumbing and heating systems. A warranty of habitability cannot be waived or modified by the parties to the lease agreement.”

The statute says that in response to a tenant’s written request for repairs, the landlord must repair the problem in a reasonable period of time or send a certified letter to the tenant stating they are disputing the claim.

Under Wyoming law, landlords can be held responsible for mold problems even without a specific law governing mold. It is the landlord’s responsibility and duty to make sure a property is free of damp and mold. The landlord has 14 days to respond to a mold problem.

Evanston City Attorney Amanda Kirby said the city code does not govern landlord-tenant relationships and, therefore, the McCoins did the right thing by choosing to alert state agencies.