Developers behind an affordable housing project proposed for the Elizabeth Street Garden in Nolita have filed a lawsuit against New York City Mayor Eric Adams. The developers, known as Haven Green, argue that Adams overstepped his authority by designating the site as city parkland, a move they claim is intended to halt their construction efforts.
The Elizabeth Street Garden is a community space currently leased by its operators, but Haven Green has long aimed to construct a 123-unit residential building for low-income seniors on this city-owned land. Plans to evict the garden to facilitate construction were initially supported by the Adams administration. However, in June 2023, city officials announced they had reached an agreement to pursue affordable housing projects in other locations nearby, changing their stance on the garden’s future.
Days after the general election, Mayor Adams formally designated the lot as parkland, a decision he stated would prevent future administrations from proceeding with development on the site. In their lawsuit, Haven Green contends that the mayor’s unilateral declaration is an instance of “extraordinary executive overreach.” They assert that any new parkland must follow the city’s land-use process, which requires approval from the City Council.
“The Haven Green project is the product of an exhaustive public process and lawful governmental decision-making that has taken place for more than a decade,” the group stated.
Incoming Mayor Zohran Mamdani had previously expressed support for moving forward with the eviction of the garden during his campaign. However, following Adams’ recent designation of the site as parkland, Mamdani remarked that it would be “nearly impossible” to build the housing project due to the requirement for state Legislature approval for major construction on parkland.
Representatives for the Adams administration did not respond to requests for comment regarding the lawsuit filed on Wednesday. The organization behind the Elizabeth Street Garden expressed a willingness to cooperate with the upcoming Mamdani administration to preserve the green space, noting that Adams’ action reflects the garden’s significant environmental, cultural, and artistic value.
In a statement, the garden’s representatives described the lawsuit as a “misguided attempt to overturn a lawful and long-overdue action” by the city to safeguard one of the last remaining green spaces in the neighborhood.
The ongoing debate surrounding the Elizabeth Street Garden has created a divide between housing advocates and local residents in Lower Manhattan, who argue for the garden’s preservation. Randy Mastro, the First Deputy Mayor, indicated in June that the city had brokered a deal to advance more than 600 units of affordable housing in areas surrounding the garden, with expectations that construction could commence on one of the new developments by late 2023.
As the legal battle unfolds, both sides remain steadfast in their positions, highlighting the complexities of urban development and community preservation in New York City.
