24 C.F.R. § 886.340
§ 886.340 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.
Section 886.340 establishes a broadband infrastructure requirement for certain federally assisted housing. Specifically, buildings with more than four rental units that undergo new construction or substantial rehabilitation—and whose Housing Assistance Payments contracts are executed or renewed after January 19, 2017—must be equipped with broadband infrastructure as that term is defined under 24 CFR 5.100. Owners may be excused from this requirement only if they formally document that installation is physically infeasible, would impose an undue financial burden or fundamentally alter the program, or is prevented by the building's existing structure.
Plain English — not legal advice.
Under § 886.340, property owners managing covered new construction or substantial rehabilitation projects should incorporate broadband infrastructure planning early in the development process to meet federal requirements tied to HAP contracts executed or renewed after January 19, 2017. Compliant operators typically document their broadband installation decisions thoroughly, and where an exemption is claimed—such as undue financial burden or physical infeasibility—they maintain written records supporting that determination. Keeping this documentation organized and accessible is a common practice among operators subject to HUD oversight.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 886.340 gives tenants in qualifying federally assisted buildings a basis to expect that broadband infrastructure has been installed when their building underwent covered new construction or substantial rehabilitation under a post-January 19, 2017 HAP contract. If broadband infrastructure appears to be absent and no documented exemption seems to apply, tenants may consider raising the issue with HUD directly, contacting a local tenant-rights organization, or consulting a housing attorney to understand available options. Reviewing the terms of the HAP contract and any owner-filed exemption documentation can help clarify whether the requirement applied to a specific building.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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