NYC’s beloved Elizabeth Street Garden gets stay of eviction as activists fight to ‘protect and preserve’

Manhattan’s beloved Elizabeth Street Garden got a lifeline Friday when a judge granted a stay of eviction sought by activists of the greenspace while they appeal the city’s decision to build affordable housing at the site, according to the group.

The appellate court’s decision to pause the eviction and demolition of the Nolita fixture will further delay the city’s plan to build the controversial Haven Green housing development – as garden organizers fight to keep the 20,000-square-foot sculpture garden open.

“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,” garden activists posted to Instagram Friday.

“We will continue to do everything we can to protect and preserve Elizabeth Street Garden.”

The garden was served a move-out notice on Oct. 2 as Mayor Eric Adams’ administration plans to pave it over and build 123 units of affordable housing for seniors at the site.

Organizers were originally told to vacate the gardens by Oct. 17.

While supporters – including Robert DeNiro, Martin Scorsese and Patti Smith – call the sculpture garden a critical respite from bustling city life, the mayor has doubled down on his commitment to build affordable housing wherever he can.

Activists have pleaded the affordable units, developed by Pennrose Properties, won’t be permanently affordable, and will transition to market rate in 30 to 60 years.

City officials, however, contend the initial affordability restrictions will be in place for 60 years and the property will be rent stabilized in perpetuity, with open space on the development site also set to be publicly accessible in perpetuity.

The plan also includes retail space and 11,200 square feet of offices on the ground floor, with Habitat for Humanity already tapped as the anchor tenant. A .15-are space next to the building is also included in the plans.

The case is currently scheduled for the February 2025 appellate term, organizers said.