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Rokkr
cwaestor

Registered: Apr 2004
Location: Insatiation
Posts: 8980

CBGB's in Peril

This is a cultural thing so I'm posting it here instead of SO.
CBGB's was a touchstone for me in my 20's as it was for a lot of people up and down the east coast and even nationally, not just folks in NYC.

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Home of Punk-Rock Battles for Its Home

CBGB is embroiled in a dispute with its landlord and faces eviction.

By BEN SISARIO

Published: March 7, 2005

For more than 30 years, CBGB, the eternally crumbling downtown nightclub, has with ragged pride withstood every hand the neighborhood and the music scene have dealt it: punk-rock, death metal, crack addicts, city inspectors and bad plumbing. But it may have met its match in one of the city's most respected charity group.

In a scrappy Bowery real-estate battle, CBGB has been in and out of court for much of the last four years with its landlord, the Bowery Residents' Committee, a nonprofit organization that helps the homeless. The dispute concerns enough unpaid rent to finance dozens of punk bands as well as numerous building violations that leave a paper trail as thick as the layers of fliers stapled to the club's walls.

In an arrangement known to few of the club's patrons, CBGB subleases its spaces at 313 and 315 Bowery from the organization, which shelters 175 homeless people in the floors above the club. In 2001, the organization began efforts to collect more than $300,000 in back rent from the club. Although much of that has now been paid, the club faces eviction over remaining debts of about $75,000, both parties say.

Both organizations have dug in their heels and claim a moral right to the property.

"We're an institution," said Hilly Kristal, the grandfatherly 73-year-old who started CBGB - with plans to stage "country, bluegrass and blues," not punk - in late 1973. "I think we're an important part of this community. The city uses us in their Olympics ad, along with the Statue of Liberty."

In the opposite corner is Muzzy Rosenblatt, the executive director of the Bowery Residents' Committee, who resents diverting the organization's money to legal expenses to get what he says is due from an uncooperative tenant.

"I am not going to subsidize CBGB at the expense of homeless people," Mr. Rosenblatt said.

The organization took a 45-year lease on the building in 1993, and subleased CBGB its spaces - the main club is at 315 Bowery, and its quieter Gallery and basement space are next door - for 12 years. That sublease expires in August, and Mr. Kristal said the organization offered to renew it, but would double the club's rent, to $40,000 a month, or about $55 per square foot. That would bring the space in line with the highest rate paid for new property on the white-hot Bowery real-estate market.

Mr. Rosenblatt declined to comment on the terms of the lease renewal. "I'm trying to get him to comply with the old lease," he said.

According to court documents from 2001, CBGB owed the Bowery Residents' Committee more than $300,000 in back rent and agreed to a monthly payment plan for its debt and all new rent charges. A stipulation in the agreement states that if the club did not make its payments on time, it could be evicted immediately.

CBGB has been paying back its debt dutifully, both sides say. But when the organization discovered that the club was not paying the annual rent increases scheduled in its lease, it gave the club notice to pay within seven days, as required by law, but the club has challenged the debt in court. A hearing is scheduled for later this month.

The case pits two of the most recognizable downtown institutions against each other in a battle for space that few considered very valuable until recently. The Bowery Residents' Committee has vans that trawl the city offering help to the homeless, and operates 18 rehabilitation centers and shelters. CBGB is the organization's only commercial tenant, Mr. Rosenblatt said.

In the 1970's, CBGB was the dank incubator for much of the punk and art-rock that came out of New York, with concerts by the Ramones, Patti Smith, Television, Blondie and the Talking Heads, among others. It has continued to present bands of every stripe - mostly of the loud stripe, though - and is one of the few rock clubs known by name throughout the world. CBGB Fashions, a company Mr. Kristal set up to sell T-shirts and other merchandise, grosses about $2 million a year, he said.

"Millions and millions of musicians in this world think of CBGB as a home base," Mr. Kristal said proudly.

But real-estate experts and people close to the situation say both sides have flawed cases, and that a judge's decision in the latest hearing will be difficult to predict.

Jerry H. Goldfeder, a lawyer who specializes in elections and landlord-tenant disputes, said the two groups' fame would be unlikely to sway a judge in either side's favor.

"Presumably, a judge would make the same legal determination," Mr. Goldfeder said, "whether it's CB's or a doctor's office or a bodega."

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Old Post 03-07-2005 02:30 PM
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Cruise Director
nobody special

Registered: Jan 2001
Location: Zion
Posts: 4444

Perhaps a well placed explosive device will remedy the situation.

Two birds with one stone, ya know.

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Old Post 03-07-2005 08:13 PM
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amerikanjunkie
various one

Registered: Aug 2000
Location:
Posts: 1725

CBGB's is probably the reason the shelter is doing so well.

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Old Post 03-07-2005 09:40 PM
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Aydin
Rice King

Registered: Jul 2001
Location: NYC
Posts: 11770

Right across the street from my favorite bar.

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Old Post 03-08-2005 02:57 PM
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Weasel Spoor
"The Man"

Registered: Jun 2002
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Yeah, and a good tattoo parlour.

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Old Post 03-08-2005 03:09 PM
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DevilMoon
passive stalker?

Registered: Jul 2000
Location: zanzibar
Posts: 10414

Judge: Punk landmark CBGB's can't be evicted

Club's lease expires August 31

NEW YORK (AP) -- A civil court judge ruled Wednesday that the landmark punk club CBGB's can't be evicted from its Bowery location, saying it shouldn't be punished for not noticing it owed its landlord money.

The ruling was a victory for the club where groups like the Ramones and Blondie defined the punk scene in the 1970s, but CBGB's future is still uncertain.

Its lease with the Bowery Residents' Committee expires on August 31, and a renewal remains up in the air.

The executive director of the Bowery Residents' Committee, Muzzy Rosenblatt, said he had not seen the ruling so he could not comment on it.

"All we're looking for is a responsible tenant," he said of his group, which provides shelter for homeless people in the building that houses the club.

The dispute involved about $100,000 in rent increases, interest and fees. The club says the increases went unpaid for four years because of a bookkeeping mix-up. CBGB's said it wasn't billed for the increases, but Rosenblatt said the increases were clearly stated in the lease. CBGB's rent is $19,000 a month.

In her ruling, Judge Joan Kenney praised the club's impact on the neighborhood, which she said was plagued by "destitution, degradation and substance abuse" when the club opened in 1973.

"CBGB has proven itself worthy of being recognized as a landmark -- a rare achievement for any commercial tenant in the ever diverse and competitive real estate market of New York City," she wrote in the ruling, a copy of which was provided to The Associated Press by the Save CBGB's Coalition.

"It would be unconscionable for this court to allow petitioner to proceed with its intent to evict CBGB ... because it failed to notice that monies were outstanding for approximately four years," the judge wrote.

As part of its proposal for a new lease, CBGB's has said it would find a third-party guarantor and would raise money for the committee every year with benefit concerts.

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Old Post 08-11-2005 09:01 PM
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DevilMoon
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Old Post 08-31-2005 10:31 PM
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CHiPsJr
Ginger-headed Troll

Registered: Sep 2000
Location: Kansas City
Posts: 7504

Ironically, that picture gives me the heebie-jeebies.

By the way, y'all do know that the judge's decision was utter bullshit, right?

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Old Post 08-31-2005 10:34 PM
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DevilMoon
passive stalker?

Registered: Jul 2000
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This was the article that went along with the picture.

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Old Post 08-31-2005 10:35 PM
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Smug Git
Arrogance Personified

Registered: Aug 2001
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quote:
Originally posted by CHiPsJr
Ironically, that picture gives me the heebie-jeebies.

By the way, y'all do know that the judge's decision was utter bullshit, right?



Depends on how clearly the increase was noted and why the landlords didn't ask for it sooner, I guess. If they put it in tiny print and confusing language and just didn't ask for it, in an effort to bring a court case to get the stinky old punks out, then the judgement makes sense. If the increase was there in glorious technicolour and they had already asked the club why they weren't paying the extra money, that's a different issue.

I guess, if the club is going to pay the back rent and keep up to date with the rent, the landlords don't have any real complaint, unless what they really wanted was the club out at any cost, which would presumably not be a contractually allowed reason to boot the club out. Particularly if they were claiming that all they wanted was the money owed and the rent paid properly in future.

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