Developers behind the controversial affordable housing project at the Elizabeth Street Garden in Nolita have filed a lawsuit against New York City Mayor Eric Adams. The lawsuit, submitted on Wednesday, claims that Adams exceeded his authority by designating the lot as city parkland, effectively halting their construction plans. The group, known as Haven Green, intends to build a 123-unit residential building aimed at low-income seniors on the city-owned land that is currently leased by the garden’s operators.
This legal action follows a turbulent history regarding the future of the Elizabeth Street Garden. Initially, the Adams administration had intended to displace the garden to accommodate the housing project. However, in June 2023, officials shifted their stance, announcing that they had reached an agreement to develop affordable housing in other locations nearby. Shortly after the general election, Adams declared the site as parkland, a move he argued would prevent any future administration from pursuing construction on the property.
The developers contend that the mayor’s unilateral declaration of the site as parkland constitutes “an extraordinary act of executive overreach.” They assert that such a designation should undergo the city’s formal land-use process, which necessitates approval from the City Council. In a statement, Haven Green emphasized the extensive public processes and lawful governmental decisions that had taken place over more than a decade leading up to their project.
Incoming Mayor Zohran Mamdani, during his campaign, expressed intentions to proceed with the eviction of the garden. However, following Adams’ recent parkland designation, Mamdani acknowledged that it would be “nearly impossible” to advance the housing project, as significant construction on parkland requires state legislative approval.
As the situation unfolds, representatives for Adams did not provide comments regarding the lawsuit when approached. Meanwhile, advocates for the Elizabeth Street Garden have expressed their willingness to collaborate with Mamdani’s administration to preserve the space. They argue that Adams’ designation as parkland underscores the garden’s “environmental, cultural and artistic significance.”
The ongoing conflict surrounding the garden has highlighted a divide between housing advocates and local residents in Lower Manhattan, who insist on the preservation of the green space. Randy Mastro, the First Deputy Mayor, indicated in June that a deal had been brokered to facilitate the creation of over 600 units of affordable housing in surrounding areas. He mentioned that construction on one of the new developments could commence by the end of the year.
The outcome of this lawsuit and the future of the Elizabeth Street Garden remain uncertain, as both sides prepare for a potentially lengthy legal battle. The dispute reflects broader tensions in urban development, balancing the need for affordable housing with the preservation of community green spaces.
