Bad News, Good-ish News for the Elizabeth Street Garden
The existential threat to New York City鈥檚 Elizabeth Street Garden (ESG), a one-acre community garden with classical statuary in lower Manhattan created by Allan Reiver, recently increased. The city wants to turn the site into affordable housing. The ESG, which has operated the site on a month-to-month basis since 1991, is currently embroiled in two lawsuits against the city: in one in Civil Court, the ESG is fighting an October 31, 2021, eviction order; and the other before an Appellate Court is seeking an order compelling the city to do a full Environmental Impact Statement (EIS) for the proposed development. ESG supporters say the garden is a welcome oasis of green space in the North of Little Italy (Nolita) neighborhood, which according to the New York City Parks Department is one of the city鈥檚 most under-served in terms of open space.
On May 8, in a thirteen-page decision, Civil Court Judge Richard Tsai ruled in favor of the city鈥檚 eviction motion and ordered the ESG鈥檚 stewards to pay more than $95,000 in back rent, but, importantly, he stayed the decision four months until September 10. ESG Director Joseph Reiver emailed supporters 鈥Our effort is not over at all [emphasis in the original].鈥 Reiver has consistently described the either/or green space or affordable housing as a false choice and has repeatedly pointed to other nearby parcels of city-owned land that could accommodate more affordable housing units. The ESG has filed a notice to appeal Judge Tsai's decision.
While the eviction is stayed, the case in Appellate Court in Albany continues. On Wednesday, May 15, the ESG鈥檚 lawyer, Norman Siegel of Siegel Teitelbaum & Evans LLP, argued according to a report for a full EIS because the city should 鈥渃onsider climate change and greenhouse gas emission reductions in its reviews of proposed building projects.鈥 Siegel cited 鈥渁 2017 New York City executive order aligning the city鈥檚 climate goals with those of the Paris Climate Agreement鈥 that should inform 鈥渨hat standards the city should follow in its reviews under the law.鈥 The report quoted Associate Judge Jenny Rivera asking during oral argument: 鈥淭hat鈥檚 the novel issue鈥攊s that we need to make some statement that climate change is obviously a concern?鈥 It's unclear when a decision will be rendered.
For now, the ESG鈥檚 supporters are being to to Mayor Eric Adams and the city鈥檚 Housing Preservation and Development Office demanding they stop the eviction and work with the community to save the garden.
