HOPWA new construction or substantial rehabilitation of a building with more than 4 rental units, first obligated on or after 19 January 2017, must install broadband infrastructure

hopwa.property_standards.broadband_infrastructure_in_new_construction_and_substantial_rehab · v1.0.0

ANY NEW CONSTRUCTION OR SUBSTANTIAL REHABILITATION 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 that term is defined in 24 CFR 5.100. The trigger is the date of first obligation, not the date of construction or of occupancy, so a building completed years later is still inside the rule if the obligation predates completion, and a pre-2017 obligation is outside it. Three exceptions exist and each is a DOCUMENTED DETERMINATION rather than a self-evident fact: the grantee or project sponsor must determine, and document in accordance with 574.530, that the LOCATION makes installation infeasible; that the COST would result in a fundamental alteration in the nature of the programme or activity or in an undue financial burden; or that the STRUCTURE of the housing to be substantially rehabilitated makes installation infeasible. An undocumented determination is not an exception.

Confidence

high

Effective from

2017-01-19

Consequence model

agency finding with cure

Last reviewed

2026-08-31