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S 10398

Relates to exempting disabled veterans from certain fees relating to physical modification of a residence to accommodate a disability

2025 Regular Session Introduced by Monica Martinez

The bill waives building department fees (permits, plan reviews, inspections) for disabled veterans making home modifications to accommodate a disability.

SUBSTITUTED BY A10921A
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WeVote Research Nonpartisan
Bill Summary · S 10398

Overview

Bill S. 10398 (2025-2026, New York) titled the Disabled Veteran Home Modification Act aims to exempt disabled veterans from certain building department fees when making residence modifications to accommodate a disability. The bill introduces a new section to the General Municipal Law (Section 95-b) and sets forth definitions, eligibility, and implementation rules for fee waivers.

Purpose and Intent

  • Remove financial barriers for disabled veterans seeking to modify their homes to accommodate a disability.
  • Ensure disabled veterans and their caregivers are not charged building department fees such as permit, plan review/examination, inspection, or reinspection fees.
  • Support reintegration and independent living for veterans by reducing monetary obstacles to accessibility improvements.

Key Provisions

  • Establishment of Fee Exemption:

    • Disabled veterans or their caregivers shall not be charged building department fees necessary to effect modifications to the veteran’s residence that accommodate a disability.
    • Fees covered include: building permit fees, plan review or plan examination fees, inspection fees, reinspection fees, and other related fees.
    • The exemption applies only to improvements required to accommodate the veteran’s disability; it does not exempt the applicant from submitting required paperwork or applications.

  • Definitions and Eligibility:

    • “Veteran” has the same meaning as defined in section one of the Veterans’ Services Law. “Veteran with a disability” includes individuals with:
    • A physical or mental impairment that substantially limits one or more major life activities;
    • A record of such an impairment; or
    • Being regarded as having such an impairment.
    • A veteran or caregiver must provide proof of veteran status and attest that the residence improvements are necessary to accommodate the disability.

  • Local Implementation:

    • City, town, or village governing bodies must specify, by local law, rule, or ordinance, the documentation required to qualify for the exemption.

  • Scope of Application:

    • The exemption applies to building department-related costs connected to improvements or alterations for disability accommodation.
    • It does not relieve the obligation to file the required administrative paperwork for a permit.

Affected Parties

  • Primary beneficiaries: Disabled veterans and their caregivers.
  • Local government bodies (cities, towns, villages) that administer building permits and associated fees.
  • Veterans’ services offices and agencies that certify veteran status and disability qualifications.

Procedural and Timeline Aspects

  • Effective Date: The act would take effect on the 30th day after enactment.
  • Fees already paid to a city, town, or village before the effective date are not required to be refunded.
  • The bill requires local governments to establish documentation standards via local ordinances, rules, or laws.

Fiscal and Practical Impact

  • Potentially significant savings for disabled veterans undertaking home modifications, reducing upfront costs and encouraging accessibility improvements.
  • Administrative burden on local governments to implement and manage the exemption criteria and documentation requirements.
  • No net refunds; shifts administrative cost to verification and record-keeping rather than fee collection.

Summary

S. 10398 seeks to remove or reduce financial barriers by waiving building-related fees for disabled veterans when modifying their homes to accommodate a disability, subject to proof of veteran status and the necessity of the modifications. Local governments would determine the exact documentation needed, and the exemption would take effect 30 days after enactment.

Compiled from official sources — confirm details with the bill’s official record.

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