Partner

Steven R. Ebert

212.885.8829 sebert@bartonesq.com
Partner

Steven R. Ebert

212.885.8829 sebert@bartonesq.com
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Steven R. Ebert has significant experience in real estate, finance and general business transactions. Steven represents purchasers, sellers, financial institutions, investors, condominium associations, co-operative housing corporations, landlords and tenants in the acquisition, disposition and leasing of commercial and residential real estate. He advises on sophisticated tax driven transactions, including IRC Section 1031 Like-Kind Exchanges for investors and FIRPTA matters for international clients. Steven also has a strong background in affordable housing transactions such as HDFC and HPD subsidized co-op apartments. Steven routinely handles the governance, formation, and registration of co-operative and condominium offerings.

He has represented commercial and investment banks, credit enhancers, loan sellers and government agencies in the securitization of more than $5 billion worth of mortgage backed and other asset backed securities. Steven also works with Barton’s corporate team in a variety of transactions that include the formation of business entities, corporate governance and M&A transactions.

Steven regularly negotiates, drafts and reviews commercial leases for owners and tenants in commercial properties such as offices, mixed-use developments, retail stores, logistics and distribution centers. He also conducts leasing due diligence in connection with corporate transactions.

Steven’s real estate clients represent the diverse spectrum of transactions that constitute the market. Whether you are a global investor or first-time homebuyer, he provides sophisticated guidance and personal attention for a seamless transaction.

Steven is very active in the growing field of PropTech. He advises clients on the expanding compliance concerns for data privacy and cybersecurity as it specifically relates to real estate brokerages, property managers, owners, lenders and security firms.

Steven lectures at numerous academic centers and private industry forums, including events hosted by financial institutions, title insurance companies and real estate brokerages, on matters of real estate, business law and taxation. Steven is also licensed by the New York State Department of State to instruct and issue mandatory continuing education credits for the entire New York State real estate brokerage community.

Prior to joining Barton, Steven founded Ebert Lontok (formerly Ebert & Associates, LLC), a real estate boutique firm, in 2003. Previously, Steven was an attorney with the law firms of Cadwalader, Wickersham & Taft and Arent Fox. Before Steven started his legal career, he served as a consultant to the Director of Commerce of the City of Philadelphia and worked on economic development programs, real estate tax abatement programs and analyzed business competitiveness factors between major municipalities across the United States.

Steven R Ebert - SuperLawyers

 

Practices
Industry Experience
B

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Real Estate
  • Advised Client Entering into Joint Venture of Property to Be Developed
    • Represented a client in connection with entering into a joint venture of a property they owned with a developer to not only substantially renovate and expand the building, but then to convert the property into a condominium with residential apartments and commercial retail space.
  • Negotiated Gallery Space Lease for “Artist-in-Residence” Program
    • Represented an art gallery in negotiating a lease for a retail gallery space that would further allow it to convert the basement level of the building being leased as a space for an “artist-in-residence” program. Advised the client and landlord on how to modify the Certificate of Occupancy in order to allow for this retrofitted work space to accommodate budding artists.
  • Managed Three Simultaneous, Multi-Faceted Real Estate Transactions
    • Represented a client in three simultaneous real estate transactions within the same building, with a same day closing, from three different sellers. Orchestrated the purchase of the top two floors from different individual sellers as well as the roof of the building directly from the condominium so that the client could form one apartment. Negotiated the roof rights so the client could maximize the utility of the roof space while paying the minimum price.
  • Crafted Solution for Prominent Mexican Artist Facing FIRPTA Concerns
    • Represented a prominent artist and Mexican citizen in connection with the tax issues surrounding a Florida property sale and a New York property purchase that required reconciliation of the competing concerns of a 1031 Like-Kind Exchange and the Foreign Investment in Real Property Tax Act (FIRPTA). Successfully crafted a solution that remained compliant under both laws and designed a precedent-setting escrow structure with a national 1031 Qualified Intermediary to complete the exchange with $0 tax withholding and liability for the client.
  • Counsel to Bank Designing Complex Purchase CEMA
    • Represented a bank in designing a complex purchase CEMA (consolidation extension modification agreement) program, which would allow borrowers to acquire new properties in a structure that would minimize, and in certain circumstances eliminate, their entire New York State Mortgage Recording Tax.
  • Managed the Purchase and Conversion of Historical Building to Bed-and-Breakfast
    • Represented a client in upstate New York in their purchase of a historical building that was turned into a bed and breakfast/restaurant. Successfully secured trademarks for the logos of the new establishment as well.
  • Advised Real Estate Companies on Data Security Measures
    • Provided ongoing counsel to real estate property management and brokerage companies on best practices regarding real estate data security. Reorganized the companies’ data intake and reengineered their data delivery processes to ensure the confidentiality of clients’ private information.
  • Counsel to Private Lender Regarding Co-op Apartments Foreclosure
    • Represented a private lender in connection with the foreclosure of a group of co-op apartments that they lent on. Was able to utilize Article 9 of the Uniform Commercial Code to successfully bypass the court system and permit a non-judicial property auction within 90 calendar days of notice. The client received all monies due and reimbursement of all expenses incurred.
  • Advised Co-op Corporations in Financial Matters
    • Represented co-op building corporations in various transfers, refinancing of underlying mortgages, and restructuring of debt for buildings.
  • Represents Condos on Unique Financing Matters
    • Regularly represents condominiums on unique financing matters including the securing of debt for the condominium association for capital improvements and taking out condominium Sponsor debt on Superintendent units owned by the condominium.
  • Manages Buying and Selling of Residential and Commercial Properties
    • Regularly represents multiple clients in the buying and selling of both residential and commercial properties.
  • Represents Financial Institutions in Real Estate Lending Transactions
    • Regularly represents financial institutions and private lenders in residential and commercial real estate lending transactions.
  • Advised on the Housing Stability and Tenant Protection Act
    • Advised a major real estate brokerage on compliance with the Housing Stability and Tenant Protection Act of 2019.
  • Provided Counsel Regarding Qualified Opportunity Zones
    • Has provided counsel regarding the formation, investment in, and compliance with Qualified Opportunity Zones for tax preferred real estate investing and development.