Sheldon Harnick's Apartment Building

[Guest guest]

Harnick Blinks; Loan Adjourns

Mon Apr 15, 7:17 PM ET

The distressing travails of the tenants at 308 W. 30th St., an apartment

building partly owned by lyricist Sheldon Harnick, may have arrived at the

best of all possible outcomes - a happy ending.

Back Stage previously reported that according to Castaldo, president

of the building's tenant association, residents suffered through " sewage

backup, rusty water, multiple electrical malfunctions, lead paint hazards,

toxic mold violations, lack of cooking gas, intermittent heat and hot water,

uncollected refuse, inadequate building security, roach and mice and vermin

problems, and noxious ventilation fumes from the laundry room. "

There was also an incident involving the illegal handling and removal of

asbestos, a known carcinogen, from the building's basement. A blizzard of

fines and bad press over the situation followed, along with public protests

by the tenants in front of Harnick's residence and the Chelsea building

where their managing agent was located.

Finally, after amassing pages of documentation-from Department of Buildings

violation citations to records of fines imposed by the Department of

Environmental Protection to support letters from Councilwoman

Quinn, State Sen. K. Duane, Assemblyman N. Gottfried, and

Congressman Jerrold Nadler-the landlords sued the tenants for non-payment of

rent, and the tenants sued the landlords for breaching warranty of

habitability.

At the time, 28 of the 48 tenants in this 61-unit structure were nearing the

18th month of a rent strike, and the stakes for the tenants-most of whom are

actors, writers, dancers, producers, musical directors, choreographers, and

stage managers-grew ever higher.

Then the unthinkable happened.

On March 19, after the owners completed presenting their case at trial, the

tenants took up their side of the matter, and after a single day in court

(but before an environmental expert with damning evidence could testify),

the owners, including Harnick, presented a settlement offer. The tenants had

won, for in the 44-point Stipulation of Settlement, said a jubilant

Castaldo, were legally binding promises to " correct all the violations in

the building " and to acquiesce to " a 17-month rent abatement, amounting to

thousands of dollars per tenant-way above the norm. " Says Castaldo, " It

proves that if you fight, and you're right, you can win. "

Then the unthinkable happened again. On March 28, the tenants received a

letter that the building had been sold.

By withholding nearly half a million dollars in escrow during the rent

strike, says Castaldo, this intrepid band of entertainment industry

denizens, all of modest means, not only achieved their goals but effectively

forced Harnick and his co-owners to sell the building-or as Castaldo calls

it, " soften their position. "

So now a new chapter begins at 308 W. 30th St., and so far, Castaldo says,

the tenants have found their new owners- A. Cohen and Ralph Dellacava

of R.A. Cohen & Associates- " extremely professional, cordial, and helpful. "

Castaldo says he feels " cautiously optimistic, although our guard is still

up. The new owners said they will turn this building around and we will be

'extremely happy.' I hope they do, and I hope we are. All I know, at least

for now, is that our persistence, vigilance, and follow-through paid off. "

But just to make sure the new owners know that good intentions can be

mutual, the tenants association also sent a letter to their new landlord:

" Congratulations on the acquisition of this building that we, the residents,

call home!, " it reads. " We welcome your 20-year experience and expertise to

quality management at 308 W. 30th Street. We invite you to join us in the

opportunities and challenges that the residents have faced over the years in

making this building a safe, livable and affordable place to reside. We look

forward to a cordial, professional and respectful relationship. "

Loan Has Another Day in Court

On March 27, Arthur Aidala, representing fallen cabaret and CD producer

Loan, a.k.a. Jerome, had another date in court on behalf of his client.

Loan, who remains incarcerated at Riker's Island, is accused of embezzling

over $3 million from his former employer, Alliance Capital Management, a

venture capital firm, and using those funds to support his efforts on behalf

of the cabaret industry and its artists, as well as various charities. His

bail remains set at $1 million.

According to Barbara , a court spokesperson, lawyers for the accused

and the state continue " to haggle over things like evidence, " a typically

lengthy process which may continue for months before Loan's trial date is

set. Loan's next court date is Fri., April 12.

Asked by Back Stage in February about the cabaret artists most affected by

Loan's arrest and indictment-as many face unmixed tracks, unpressed CDs, and

unmet and/or unexpected financial obligations as a result-Aidala expressed

sensitivity to their plight but suggested that it may be months before the

final ownership of those materials can be determined. That ongoing sense of

uncertainty and doubt continues to cast a pall over the cabaret community, a

sad note during a jubilant time when the Bistro Awards and the Manhattan

Association of Cabarets and Clubs (MAC) Awards are announced.

-- Leonard s