24 C.F.R. § 884.125
§ 884.125 Broadband infrastructure. (24 CFR Part 884)
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 884 § 884.125, 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—must be equipped with broadband infrastructure as defined in 24 CFR 5.100. This requirement has three narrow exceptions: when the project's location makes installation infeasible, 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 exception must be both determined and formally documented by the owner.
Plain English — not legal advice.
Property owners and managers operating under a HAP contract covered by § 884.125 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. Where an exception may apply—such as site-specific infeasibility or undue financial burden—compliant operators create and retain written documentation that clearly supports the basis for that determination. Maintaining thorough records of either the infrastructure installation or the documented exception is a standard practice for demonstrating compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 884.125, tenants living in qualifying HUD-assisted buildings with more than four units that were newly constructed or substantially rehabilitated under a post-January 19, 2017 HAP contract have an interest in whether broadband infrastructure was required to be installed. If a tenant believes this requirement was not met and no valid documented exception exists, they may raise this concern with the local HUD field office or a tenant-rights organization familiar with federal housing assistance programs. Reviewing the terms of the HAP contract and any project documentation can help clarify whether the provision applies to a particular 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 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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