Victory was in the air for Elizabeth Street Garden advocates on Wednesday as a judge stayed an eviction order for the popular Lower Manhattan greenspace that the city wants to close.
The appellate court has stayed an eviction that was served to the Elizabeth Street Garden in SoHo on Oct. 2. However, the stay is only temporary.
“The motion is returnable on Oct. 30, 2024,” Joseph Reiver, the garden’s executive director, told amNewYork Metro. “Yesterday, we notified Housing Preservation & Development (HPD), the Corporation Council for the City of New York and the City Marshal of this court order.“
HPD plans to turn the one-acre garden into an affordable housing complex for low-income seniors, though publicly accessible, open-daily green space is part of the planning.
The garden has been fighting to stay open for more than 11 years. It had been scheduled to close tomorrow, Oct. 17.
The Elizabeth Street Garden has been a place of tranquility for New Yorkers. People of all ages frequent the park for many reasons, including to observe nature, take a stroll, or just escape the hustle and bustle of city life.
Neighbors, elected officials and park-goers of all ages advocated for years to preserve the greenspace. Thousands of people have even sent letters to Mayor Eric Adams asking him to save the garden.
However, the city wants to close the garden to build low-income housing. Dubbed the “Haven Green” development, the complex is planned to have approximately 123 units of affordable housing for seniors; 30% of those units will be allocated for formerly homeless seniors.
A City Hall spokesperson said the affordable housing crisis is “dire” and needs to be addressed, adding that the proposal will include green space that will remain open every day of the year.
“We are not surprised or deterred — we’re working to immediately resolve this last minute attempt to prevent the city from building the affordable housing and public green space this neighborhood deserves,” the spokesperson said. “This is nothing new. The well-heeled Elizabeth Street Garden has dug in its heels for nearly a decade to prevent the city from building affordable housing for low-income and formerly homeless seniors. As the city faces a dire housing shortage and seniors are priced out of their homes, we will continue to fight for what it is right — delivering housing and public green space on this city-owned site.”
Meanwhile, Reiver is working with NYC Council Member Christopher Marte to develop a private site proposal that they have called a “triple win” for the garden, community and affordable housing.
“We will continue to work with Council Member Marte on the private site proposal,” Reiver said. “The owners of two nearby sites are willing and ready to work on including affordable units in new developments as an alternative to destroying the garden. This solution provides more housing for those in need and preserves the garden with no loss to the community.”
But a spokesperson for First Deputy Mayor Maria Torres-Springer, former head of the HPD, said the garden’s private proposals for housing are not “serious,” and added that the city will work toward its goal of providing for the needs of seniors living in shelters.
“The so-called ‘private proposals’ identified by the garden are not serious,” the spokesperson who also represents City Hall in the matter, said. “Any claims that Elizabeth Street Garden has identified serious options are incorrect.”
The options would each require a new, full public process, “bringing years of delay,” according to City Hall.
“And as the garden knows, even after public review concludes, there is always a danger that meritless litigation will further delay a project’s ability to get started and house New Yorkers,” the spokesperson said. “Regardless, we will continue to fight for the needs of seniors living in shelter.”
