24 C.F.R. § 574.350
§ 574.350 Additional standards for broadband infrastructure. (24 CFR Part 574)
Operative Text
Any new construction or substantial rehabilitation, as substantial rehabilitation is defined by 24 CFR 574.3, of a building with more than 4 rental units, for which HOPWA funds are first obligated by the grantee or project sponsor on or after January 19, 2017 must include installation of broadband infrastructure, as this term is defined in 24 CFR 5.100, except where the grantee or project sponsor determines and, in accordance with § 574.530, 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 574 § 574.350, when HOPWA funds are first committed on or after January 19, 2017 for new construction or substantial rehabilitation of a rental building with more than four units, the project must include broadband infrastructure as defined under federal regulation. This requirement applies unless a grantee or project sponsor formally determines and documents that installation is physically infeasible at the location, would impose an undue financial burden or fundamentally alter the program, or is made infeasible by the existing structure being rehabilitated. The rule establishes both a default mandate and a narrow set of documented exceptions, balancing connectivity goals against practical constraints.
Plain English — not legal advice.
Property owners and project sponsors working with HOPWA funds on covered projects under § 574.350 generally ensure that broadband infrastructure is incorporated into the design and construction plans for any qualifying new construction or substantial rehabilitation of buildings with more than four rental units. Compliant operators who believe an exception applies document their determination thoroughly in accordance with § 574.530, addressing specifically which of the three recognized grounds — locational infeasibility, undue financial burden or fundamental program alteration, or structural infeasibility — supports the exception. Maintaining clear records of this determination is a standard practice for demonstrating compliance during audits or program reviews.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in or seeking housing in HOPWA-assisted properties covered by § 574.350 have an interest in knowing that federal standards generally require broadband infrastructure to be included in qualifying new construction or substantial rehabilitation projects funded on or after January 19, 2017. If broadband infrastructure appears to be absent from a covered property, tenants can inquire with the grantee or project sponsor about whether a documented exception was established under the rule's criteria. Tenant-rights organizations and HUD's local field offices can be resources for understanding how this provision applies and what documentation grantees are required to maintain under § 574.530.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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