24 C.F.R. § 881.212
§ 881.212 Broadband infrastructure. (24 CFR Part 881)
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 881 § 881.212, 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—are generally required to have broadband infrastructure installed. The rule recognizes three narrow exceptions: when the project's location makes installation impractical, 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 owner claiming an exception must document the basis for that determination.
Plain English — not legal advice.
Operators subject to § 881.212 who undertake new construction or substantial rehabilitation of properties with more than four rental units under a qualifying HAP contract generally ensure that broadband infrastructure, as defined in 24 CFR 5.100, is incorporated into the project scope. Where a compliant operator believes an exception applies—such as site-specific infeasibility or undue financial burden—they typically prepare and retain written documentation supporting that conclusion before forgoing installation. Maintaining clear records of any exception determination is a standard practice for demonstrating compliance during HUD reviews or audits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 881.212, tenants living in qualifying HUD-assisted properties with 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 look into filing a complaint with HUD or reaching out to a local tenant-rights organization for guidance on how this provision applies to their building. Reviewing the property's HAP contract status and any owner-filed exception documentation can be a useful starting point for understanding whether § 881.212 covers a particular 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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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