"Rather than burdening current taxpayers, it enacts a one-time fee on purchasers moving into the town." That is how Assemblyman Patrick Carroll described the Clarkstown Community Preservation Act in the Town of Clarkstown's June 22 announcement after the bill cleared Albany. Governor Hochul signed it on July 31, 2026. Under the law, Clarkstown can ask voters to approve a real estate transfer tax of up to three-quarters of one percent, paid by the buyer at closing, to fund land preservation.
The town calls it a "one-time .75% fee on real estate closings."
A Referendum Next Year
Nobody pays this fee today. The enabling legislation, A11349, only authorizes Clarkstown to adopt a local law setting the rate, and that local law requires a mandatory referendum. In June, officials hoped the question would be on this November's ballot. In his October 14 column, Supervisor George Hoehmann wrote that the Town Board had passed the Community Preservation Act and that it "will be put to a voter referendum next year."
An Exemption Tied to the County Median
The statute allows an exemption "equal to the median sales price of residential real property within the applicable county," as determined by the state's Office of Real Property Services.
The New York State Department of Taxation and Finance publishes the county median series. Recent market reports show where today's sales fall relative to it:
| Measure | Period | Rockland County median |
|---|---|---|
| State residential median, non-condo | 2023 | $665,000 |
| State residential median, non-condo | 2024 | $746,300 |
| State residential median, non-condo | 2025 | $780,000 |
| OneKey MLS single-family | Q3 2026 | $800,000 |
| OneKey MLS condo | Q3 2026 | $516,500 |
The first three rows come from the state's county median sale price table, which counted 1,928 qualifying Rockland sales in 2025. That table only counts arm's-length sales coded as non-condominium. The last two rows come from OneKey MLS's Q3 2026 Rockland report, which also shows single-family sales down 2.1% from a year earlier, at 508 closings.
The state's county median rose $115,000 from 2023 to 2025. The typical Rockland single-family sale in Q3 2026 sat just above the most recent figure. The typical condo sale sat more than $260,000 below it.
Warwick's Community Preservation Program
Clarkstown has modeled its act on programs used for decades on Long Island and in Warwick, NY. A community preservation explainer hosted on the Town of Warwick's site shows how Warwick's version was calculated. The exempt amount is subtracted from the price and the rate is applied to what remains. Its example was a $250,000 sale minus a $100,000 exemption, leaving $150,000 taxed at 0.75%, or $1,125. Warwick used a fixed $100,000 exemption, not a county median.
Why the Town Wants the Money Now
Clarkstown's assessor's office estimated the act would raise nearly $5 million a year in "lock boxed" funds for land purchases. Under Town Law section 64-m, the fund can buy land or development rights and set up a transfer-of-development-rights bank. Eligible uses include open space, parks, nature preserves, agricultural land, wetlands, scenic land and historic places, with stewardship spending capped at 10% of the fund. The town must adopt a project plan that weighs outright purchase against zoning, development rights and conservation easements, and gives farmland the highest preservation priority. A new Clarkstown Community Preservation Board will draw up a prioritized list of properties to buy.
The fee is one part of a broader plan. On September 18, the Town Board enacted a six-month building moratorium on approvals for multifamily development, large subdivisions and larger commercial and industrial projects, including AI data centers. The town's press release cited the Community Preservation Act and the Routes 303 and 304 Safety and Sustainability Study among its reasons.
The board can extend the moratorium by up to six more months.
In May, RCBiz Journal reported that the New City Center redevelopment on North Main Street had preliminary site plan approval for a five-story building with 103 apartments over retail. The owner of Town Plaza at 191-195 South Main Street, Holland Realty, was proposing 29 apartments above existing shops. Taken together, the town's two moves point the same way. Approvals for new multifamily housing are paused while zoning is rewritten. Meanwhile, a fund paid for by buyers of existing homes would take land off the development map. Both measures lean toward existing homes.
Rockland's market is still moving. HGAR's October dashboard showed 226 closed sales countywide across all property types, up 8.1% from a year earlier, at a $725,000 median. Those are county figures.
FAQ
Can residents weigh in before the vote? Yes. The town has a resident survey on clarkstown.gov asking what kinds of development people want and which land should be preserved.
This post is general information about a pending proposal, not legal, tax or financial advice. Please confirm how any transfer tax applies to your own purchase or sale with a real estate attorney or tax professional.
If you are weighing a New City purchase or sale in 2027, connect with Jacqueline Vasquez: get your home valuation or a buyer consultation.