Eviction of NYC's Elizabeth Street Garden paused pending an appeal

Elizabeth Street Garden eviction temporarily halted

NEW YORK — New York City's Elizabeth Street Garden will remain open for at least a few more months.

Advocates say their eviction has been paused pending an appeal, and the case is currently scheduled for February 2025.

The garden was served an eviction notice in early October, saying the gates needed to close permanently on Oct. 17. The city's Department of Housing Preservation and Development (HPD) wants to use the property to build affordable housing for seniors.

In an email newsletter, advocates for the garden wrote:

"The Mayor and the 1st Deputy Mayor can still choose to work with us on developing the private site proposal in order to provide the needed affordable housing at no expense to the community whatsoever. We will continue to do everything we can to protect and preserve Elizabeth Street Garden. "

In response to the pause, a City Hall spokesperson released the following statement Friday:

"As over 2,100 seniors sleep in shelters tonight, the well-housed plaintiffs and attorneys behind the Elizabeth Street Garden can rest well tonight knowing they have prevented the city from building affordable housing for seniors and public green space for at least another few months. We remain undeterred and will continue this decades-long fight for what is right and what is needed — housing for some of our most vulnerable neighbors."

Years-long battle over public garden in Little Italy

The battle over the site has been ongoing for several years. The Elizabeth Street Garden was created over 30 years ago on land leased from the city, and it opened to the public in 2013, but the city always maintained the site would eventually need to be returned to HPD.

The plans to close the beloved garden have sparked outrage from community members who view the space as a needed refuge in the neighborhood.

The city says 14,000 square feet of the 20,000-square-foot lot will remain green space under their plans, which include 123 affordable housing units for seniors, with 40% of the units going to those who have experienced homelessness and are coming out of shelters.

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