24 C.F.R. § 886.140
§ 886.140 Broadband infrastructure. (24 CFR Part 886)
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 § 886.140, buildings with more than four rental units that undergo new construction or substantial rehabilitation—and whose Housing Assistance Payments contracts were executed or renewed after January 19, 2017—are generally required to have broadband infrastructure installed. This requirement can be waived only when the property owner formally documents that installation is physically infeasible due to location or building structure, or that the cost would impose an undue financial burden or fundamentally alter the nature of the program. The rule is designed to ensure that federally assisted housing residents have access to modern internet connectivity infrastructure.
Plain English — not legal advice.
Operators subject to § 886.140 who undertake qualifying new construction or substantial rehabilitation on properties with more than four rental units generally ensure that broadband infrastructure is incorporated into the project plans from the outset. When a compliant operator believes an exception applies—such as site infeasibility, structural constraints, or undue financial burden—they typically prepare and retain written documentation supporting that determination before the project is finalized. Maintaining thorough records of any exception claim is a common practice among operators seeking to demonstrate compliance with § 886.140 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.
Section § 886.140 establishes that tenants living in qualifying federally assisted buildings may have a right to broadband infrastructure as part of their housing. If residents believe this requirement was not met in their building's construction or rehabilitation, they can raise the issue with their local HUD field office or a tenant-rights organization familiar with federal housing assistance programs. Tenants may also inquire whether a documented exception under § 886.140 was properly filed, as the rule requires owners to record the basis for any waiver.
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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