By Richard Berger
There are new refrigerant requirements coming for apartment communities in the HVAC field for 2024 and beyond to replace R-22 and R-410a.
For apartment communities, there is massive change ahead regarding refrigerants.
While the changes are not at the technician level yet – and won’t be until later this year regarding behavior and supplies – the financial impact is expected to be huge beginning in 2025, according to Paul Rhodes, founder, Directional Maintenance Services.
In response to regulatory changes, the refrigerant industry has been doing its best to create a refrigerant that will most adequately replace R-22 and R-410a. There are several alternatives, and each presents its challenges for apartment maintenance technicians, owners, and customers.
Last year, the Environmental Protection Agency (EPA) adopted a final rule accepting several refrigerant alternatives for use in new residential and light commercial air conditioners and heat pumps.
So, which one should you use? Well, that depends. The two main reasons refrigerants are being replaced are due to how much they deplete the ozone – measured as ozone depletion potential (ODP) – and much heat they trap in the atmosphere, measured as global warming potential (GWP).
The new refrigerants must have a low enough GWP to meet AIM Act standards.
Currently, the most common replacements to be used in systems designed for R-22 are R438A, which is also known as MO99, R422D, and R421A. These replacement refrigerants are often referred to as being “drop ins.”
“When that term is being used it often means you must change the oil, clean the line set, change the line drier, and then make sure compatible oil is being used,” says Mark Cukro, president of Plus One, Inc. “Think of it this way: An automobile owner could use several types of oil in a vehicle, but it is harmful to mix them or have multiple types in a system at the same time,” he says.
For systems designed to use R-410A, there is no replacement. Instead, the entire system will require replacement to be compatible with R-454B and R-32. These system changes are due to the new refrigerants being slightly flammable and require certain safety measures.
One big change is that both are listed as A2L by ASHRAE instead of the rating that R410A has (A1). The rating change means that due to increased flammability concerns, the new system is not allowed to be mixed with portions of the old system.
R410A is the apartment refrigerant being used in systems currently being produced. While it has no ozone layer effect, it does have a significant negative rating in terms of climate change, meaning a high GWP. There is no “drop in,” so the price of it will rise, by design, to encourage the change to the newer systems/refrigerant.
These are the systems that the AIM act requires to be no longer used after 2024 to force adoption of the new refrigerants. Parts for systems containing all refrigerant types will continue to be available if repaired and may remain in service.
The new refrigerants found in residential systems required to be produced in Jan 2025 are either R32 or R454B. These are the A2L-listed refrigerants referenced above. They have no effect on the ozone layer and minimal impact on climate change.
Due to this distinction, there is no compatibility with R410A, which leads to the large cost that properties will need to absorb.
Example: If a straight cool/split system condensing unit is to be replaced to an A2L refrigerant system, the property is required to replace the evaporator/air handler as well. In the change from the R22 to R410A systems, if performed correctly, the property would only be required to replace the outside unit.
More refrigerant options are on the way, Cukro says. However, the industry overall has not yet really settled on one refrigerant as “the one” to be the industry-wide replacement, he says.
“Select one replacement refrigerant that suits you best and stay with that,” Cukro recommends, “so you don’t wind up with an unknown number of alternatives in the field that can’t be easily identified.
“While it may be tempting to purchase the least expensive refrigerant each time, if that leads to having six different refrigerants on the same property it may be counterproductive, very costly, and difficult to keep good records,” he said.
“R410a is still the choice refrigerant being used by contractors for new installations. So, keep everything simple to track, easy to work on and purchase, and make sure you have the correct equipment as the safety requirements are updated and change.”
On a positive note, the new refrigerants work quite well, are safer for the ozone layer and have a lower warming potential than the refrigerants being phased out.
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The apartment industry will need to adjust and adapt as the new apartment refrigerant replacements emerge, Cukro says.
Rhodes, host of The Maintenance Mindset Podcast, says that in the short term, if maintenance teams know how to properly work with current refrigerants, the impact will be minimal procedurally because the same safe-use rules apply. The cost of materials (refrigerant and systems) will accelerate depending on the supply/demand economics.
Thinking longer-term, at the end of this summer, R410A equipment will begin to sell out as suppliers will not want overstock to carry into 2025. At the same time, manufacturing companies will transition their manufacturing lines to new refrigerants so that they have stock before January 2025. Prices will continue to increase.
Maintenance mobile work order apps such as AppWork help maintenance teams to track HVAC work-order data such as the number of callbacks, completion times, and service ratings. It automatically identifies HVAC work orders from the work-order description and uses that to categorize, prioritize, and even assign the work order, accordingly.
Technicians can include the Freon used during work orders and the Freon levels so the next time a technician works on the AC they can check the unit’s service history to see what they or another technician did the last time the unit was serviced.
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By Kathelene Williams, The Fair Housing Institute
Occupancy limit policies are crucial for managing apartments, whether located in a
densely populated city or a quiet suburb. However, developing and revising these
policies can be complex. Not only do you need to be aware of fair housing laws,
but also know local laws and municipal ordinances on occupancy limits.
How could you hope to balance it all? Better yet, balance it all while trying to avoid that fair housing violation? This in-depth look into not only building your policy but also enforcing it can help you achieve that balance. First, let’s take a look at how occupancy limit policies differ depending on the type of housing.
NAVIGATING OCCUPANCY POLICIES: FEDERAL GUIDELINES VS. PRIVATE SECTOR
Starting with federally funded housing, occupancy policies are already predetermined. You can review the Keating Memo from HUD, which further explains the two person per room rule for this type of housing. However, this rule does not apply to housing such as private market or tax credit.
In all actuality, this rule has been labeled by HUD as possibly discriminatory based on familial status. Because of this, other forms of housing face the challenge of having to create their own occupancy policy and having to undergo constant revision.
BALANCING OCCUPANCY POLICIES: GUIDELINES, LEGALITIES, AND FAIR HOUSING
The best rule to follow when revising or creating your own occupancy policy is that of balance. Using the term balance as your foundation can be a little confusing, so let’s break it down.
A Balanced Policy:
First off, you need to decide upon clear guidelines without creating too much restriction. Top priority must be given to any local laws or any municipal code your property is governed under. Ensure your policy meets their minimum requirements for residents per unit or individuals per room.
The second step is to take a look at your units and your property as a whole. What can the size
and layout of the unit accommodate? Another great tip when revising or creating a policy is
resident details. This may include details such as whether a unit is occupied by all adults or if
there are children residing there as well.
There is an important note to remember when it comes to details for your residents within the
policy. You need to ensure that you do not mention specifics, such as age and gender, in order to avoid a fair housing violation. Sex is a protected category and in many states, age is a protected class.
What NOT to do:
A recent example of a property forgetting these details resulted in a fair housing
discrimination case. An apartment complex in Louisiana had a policy in place stating that two
children of the opposite sex could not share a room. Leasing agents falsely claimed that the property’s policy was based on state law when, in fact, they were discriminating against both age and sex, inciting a fair housing violation.
ENFORCING OCCUPANCY POLICIES: STEPS AND FAIR HOUSING CONSIDERATIONS
Now that you know the foundations of a good occupancy policy, it’s time to understand how to enforce it without inciting a violation. The key first step: make sure you have all the information before proceeding with a lease violation. Once you can confirm that the resident is indeed breaking your property’s occupancy policy, there are a few follow-up steps to take.
Second, follow up on disciplinary measures as laid out by your property’s policy. This may be the requirement for the resident to move to a larger unit or simply cite a violation in the lease
agreement. Remember, as a landlord, you are permitted to enforce your policy. However, there is one fair housing hurdle you and your team should be aware of.
HANDLING ACCOMMODATION REQUESTS WITHIN LEGAL LIMITS
Accommodation requests are inevitable. This includes requests from residents that break policy, including those on occupancy limits. While you want to do your best to ensure that your residents’ needs are met, there is one factor that needs to be considered. No reasonable accommodation can supersede local law or municipal codes. As an example, let’s say a resident submits an accommodation request stating that they need to break policy on a certain unit’s occupancy limit. If that policy is based on local laws stating how many individuals can be in that size unit, you will have to find a different solution for that accommodation. If the request does not break any local laws, then it is safe to follow your property’s procedures to accommodate that resident.
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KEY TAKEAWAYS FOR EFFECTIVE OCCUPANCY POLICY MANAGEMENT
In short, balance is key when it comes to any kind of policy. In the case of occupancy limits, balancing both fair housing standards and local laws and ordinances when taking a look at your policy is the best course of action. If you’re starting a new policy or revising one currently in place, there are a few key steps that should be on your checklist:
✓ Ensure your policy is clear and concise but not too specific. Take care to avoid
discriminating against certain protected categories and classes. As shown in the court
case discussed earlier, these kinds of details in your policy can lead to a fair housing
violation.
✓ As a property manager, it is your responsibility to enforce your policies. Be careful when
investigating, documenting, and explaining any lease violations you carry out.
✓ Reasonable accommodations that violate your property’s policy can happen. Ensure that
whatever the request, it doesn’t break your state’s laws on occupancy limits.
Remember, balance is key to any property with these policies, no matter the location. Let this guide help you to ensure that your occupancy limit policy meets Fair Housing standards, keeping your residents safe in their homes and locking in that property management win.
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