24 C.F.R. § 883.314
§ 883.314 Broadband infrastructure. (24 CFR Part 883)
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 § 883.314, buildings with more than four rental units that undergo new construction or substantial rehabilitation must be equipped with broadband infrastructure when the associated Housing Assistance Payments contract was executed or renewed after January 19, 2017. The rule carves out three 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 impractical. In each exception case, the owner must document the basis for that determination rather than simply assert it.
Plain English — not legal advice.
Operators subject to § 883.314 generally ensure that broadband infrastructure is incorporated into the design and construction scope for any qualifying new construction or substantial rehabilitation project tied to a post-January 19, 2017 HAP contract. When a compliant operator believes an exception applies — such as site infeasibility or undue financial burden — they create and retain written documentation explaining the specific grounds for that conclusion. Maintaining thorough records of this analysis 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.
Section § 883.314 establishes that tenants in qualifying buildings of more than four units should generally have access to broadband infrastructure as part of the building's construction or rehabilitation, unless a documented exception applies. If a tenant believes this requirement was not met in their building, they may raise the issue with their local HUD field office or a tenant-rights organization familiar with federal housing assistance programs. Reviewing the owner's documented exception determination, if one exists, can be a useful starting point for understanding whether the rule's requirements were properly followed.
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 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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