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NYC's Elizabeth Street Garden eviction temporarily paused by judge. What the city says it will do next.

Elizabeth Street Garden eviction temporarily halted
Elizabeth Street Garden eviction temporarily halted 02:04

NEW YORK - An appeals court judge has put a pause on the city's controversial eviction plans for the Elizabeth Street Garden, advocates say. 

The temporary order is good until Oct. 30. 

The city is still planning on going forward with its housing plan for the property

For now, people can still use the garden. The temporary stay blocks the city's plan to padlock it, and then clear the property. It's future remains uncertain. 

"They are being very aggressive about this," said Joseph Reiver, director of the Elizabeth Street Garden. "Over a million letters have been sent now to the mayor."

The garden has has the support of actor Robert De Niro, director Martin Scorsese, and singer poet Patti Smith, All of whom wrote letters urging the mayor to stop the housing project .    

"We want more green spaces, not more concrete" 

The city's Department of Housing Preservation and Development, or HPD, wants to turn the one-acre spot into an affordable housing complex for low-income seniors called Haven Green. 

"Well, we want more green spaces, not more concrete," parkgoer Rosa Williams said. 

"This is a place that should be cherished in a place that should be saved," Lower East Side resident Alex Choy said. 

"We have enough buildings already, and there are other places we could put people and save a place like this," Lower Manhattan resident Constantine Muamba said. 

Mayor Eric Adams and officials with HPD, however, are vowing to get the new affordable housing on the garden property as quickly as possible. 

"The garden is a beautiful place, but there's a greater beauty to be able to house New Yorkers," Adams said. 

"We are both delivering open space - open space that the community deserves - and affordable housing," HPD First Deputy Commissioner Ahmed Tigani said. 

New York City Councilmember Christopher Marte says he helped broker a deal that could move the project to other sites. 

"We believe this is a win-win," Marte said. 

Meanwhile, the city and fans of the garden continue to fight. 

"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. 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," a City Hall spokesperson said. 

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