Practices

Primary Industries

Bar & Court Admissions

  • State Bar of New York
  • State Bar of Pennsylvania
  • State Bar of New Jersey

Professional Affiliations

New York State Bar Association (Subcommittee on Real Estate Financing)

Community Involvement

Hudson Yards / Hell’s Kitchen Alliance (Board Member)

Glass Farmhouse Condominium (Board Member)

Education

Temple University School of Law, J.D.

Hampshire College, B.A.

Photo of Joshua M. Bernstein

Joshua M. Bernstein

Counsel
New York
T: 212.730.7700
F: 212.730.7725
Profile
Representative Matters
Newsroom
Full Bio

Joshua Bernstein has over 25 years of experience in the real estate industry, advising a diverse clientele in all aspects of sophisticated real estate transactions. Mr. Bernstein specializes in commercial real estate where he represents owners of income-producing properties, including shopping centers, apartment buildings, industrial buildings and office parks. He also represents businesses and non-profits that acquire or lease commercial properties for their own use. He has extensive experience structuring acquisition and sales transactions, negotiating financing for income-producing and owner-occupied properties, advising property owners regarding the development of existing properties and negotiating office, retail and warehouse leases on behalf of both landlords and tenants.

Mr. Bernstein previously served as counsel to the Philadelphia Condominium Managers Association in its successful lobbying campaign to compel the City of Philadelphia to provide municipal trash service to high-rise condominium and cooperative buildings. He has also served as a mediator in landlord/tenant court proceedings and as an instructor for the Philadelphia Volunteers for the Indigent Program, where he trained pro bono lawyers to represent low-income clients with real estate problems. Before becoming a lawyer, Mr. Bernstein worked for a real estate development and property management firm.

Representative Matters

  • Redevelopment of Shopping Center: Represented a shopping center owner in the redevelopment of a 168,000 square foot community shopping center, including a ground lease of the former “big box” premises to a publicly traded REIT and in-line leases to national retail tenants.
  • “Synthetic Lease” Transaction: Represented the developer of an 80,000 square foot corporate headquarters and a 60,000 square foot high-tech manufacturing facility in an off-balance sheet “synthetic lease” transaction structured for the benefit of a publicly traded technology company.
  • Sale of HUD Regulated Retirement Community:  Represented the owner of a 208 unit “congregate care” facility operated under the Department of Housing and Urban Development (HUD) rental assistance program, including the assignment of the housing assistance payment contract to the new operator and the prepayment of the HUD guaranteed mortgage debt.
  • IDA Financed Acquisition of Manufacturing Facility: Represented a leading sunroom manufacturer in the acquisition of a 350,000 square foot former food production facility using tax exempt bonds issued by a local industrial development authority.
  • Local Counsel to REIT in Multi-State Financing Transaction: Served as local counsel to a publicly traded real estate investment trust in connection with a $750,000,000 lending facility issued by a consortium of banks and secured by a portfolio of REIT owned office properties located in multiple jurisdictions.
  • Acquisition and Sale of Apartment Complex: Represented an investment partnership in the acquisition and sale of a 200 unit, garden-style apartment complex, including the assignment of the acquisition financing to the new buyer and a Section 1031 exchange to defer the taxes imposed on the capital gain realized from the sale of the property.    
  • Shopping Center Lease to “Big Box” Retailer:  Represented shopping center owner in the lease of an 84,000 square foot “big box” space to a national retailer.
  • Relocation of Not-For-Profit Foundation:  Represented a not-for-profit educational foundation in the sale of an $18,250,000 Manhattan townhouse facility and the acquisition of adjoining office condominiums for use as offices and clinical training facilities, including securing construction financing for extensive renovations made to the new facility.  
  • Sale of Development Parcel: Represented an estate in the sale of an $11,200,000 development parcel to a foundation that operates an internationally renowned museum in the Chelsea neighborhood of Manhattan.
  • Lease of Historic Church Building: Represented a religious corporation in a 15 year lease of a historic church building located on Park Avenue to a private school for international students.
  • Industrial Sale/ Leaseback Transaction:  Represented an industrial developer in the acquisition and leaseback of a 101,615 square foot printing facility, which included a “triple net” lease and a guaranty from the tenant’s corporate parent. 
  • Sale of Apartment Building to Condominium Converter: Represented the owner of a high-rise apartment building located on the inter-coastal waterway in the sale of the property to a condominium converter using a reverse 1031 exchange; the transaction required resolution of non-conforming use issues with respect to insurance and prospective sales to individual condominium owners.