24 C.F.R. § 880.212
§ 880.212 Broadband infrastructure. (24 CFR Part 880)
Operative Text
Any new construction or substantial rehabilitation, as substantial rehabilitation is defined by 24 CFR 5.100, of a building with more than 4 rental units and that is subject to a Housing Assistance Payments contract executed or renewed after January 19, 2017 must include installation of broadband infrastructure, as this term is also defined in 24 CFR 5.100, except where the owner determines and documents the determination that: (a) The location of the new construction or substantial rehabilitation makes installation of broadband infrastructure infeasible; (b) The cost of installing broadband infrastructure would result in a fundamental alteration in the nature of its program or activity or in an undue financial burden; or (c) The structure of the housing to be substantially rehabilitated makes installation of broadband infrastructure infeasible.
Under 24 CFR Part 880 § 880.212, buildings with more than four rental units that undergo new construction or substantial rehabilitation—and are covered by a Housing Assistance Payments (HAP) contract executed or renewed after January 19, 2017—must be equipped with broadband infrastructure as defined in 24 CFR 5.100. This requirement has three narrow exceptions: when the project's location makes installation infeasible, when the cost would impose an undue financial burden or fundamentally alter the program, or when the building's physical structure makes installation infeasible. Any exception must be both determined and formally documented by the owner.
Plain English — not legal advice.
Property owners and managers operating under a HAP contract covered by § 880.212 generally ensure that broadband infrastructure is incorporated into the design and construction scope of any qualifying new construction or substantial rehabilitation project. Where an exception may apply—such as site-specific infeasibility or undue financial burden—compliant operators create and retain written documentation that clearly supports the basis for that determination, consistent with the definitions in 24 CFR 5.100. Maintaining thorough project records that address broadband infrastructure planning is a standard practice for demonstrating compliance during HUD reviews or contract renewals.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 880.212, tenants living in qualifying HUD-assisted buildings of more than four units may have a right to broadband infrastructure if their building underwent new construction or substantial rehabilitation under a HAP contract executed or renewed after January 19, 2017. If broadband infrastructure appears to be absent and no documented exception seems to apply, tenants can raise this as a potential concern by contacting their local HUD field office or a tenant-rights organization familiar with federal housing assistance programs. Reviewing the building's HAP contract details and any owner-filed exception documentation can help clarify whether the requirement applied to a specific property.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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