For more than 30 years, the Elizabeth Street Garden has offered an escape from the commotion in Nolita. But now, the group trying to save it is running out of options. Celebrities like Robert De Niro and Martin Scorsese have tried to stop City Hall from shutting down the garden to make way for affordable housing. NBC New York’s Jessica Cunnington reports.
The Elizabeth Street Garden is still open, but facing an active eviction notice. It hasn't been shut down by New York City yet, but time seems to be ticking for the beloved picturesque sanctuary in Nolita.
"We're still here. They haven't executed a warrant of eviction so, we're taking it day by day," said Joseph Reiver, the executive director of the Elizabeth Street Garden.
There's been a legal battle for months. The garden is on city-owned land and the city wants it back to build affordable housing. Reiver's legal team was seeking to stop eviction with an injunction and last week a judge denied it, ruling in the city's favor.
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Now, Reiver's preparing for the possibility of the garden being closed and fenced off, potentially by the end of March. His legal team filed an appeal.
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SIGN UP As of late afternoon Monday, a spokesperson for NYC's Department of Investigation (DOI) told NBC New York they were not aware of a scheduled eviction Tuesday at the garden. City marshals alert DOI one business day before a scheduled eviction.
"Yesterday there were hundreds of people coming by throughout the day expressing how much they want to save the garden," Reiver reflected. "We’re still doing everything we can, legally, politically — really everything we can because we know it’s day by day right now."
Even in the pouring rain Monday, regulars and neighbors of the garden stopped by to see if it was still open.
"I'm really glad it’s still there, now I tend to go out of my way to make sure," said Lorna Lentini as she walked by and peered through the gates. "This is a really special place and I've lived here for 40 years."
Other longtime neighbors describe it as an escape, a sacred space where they feel peace in the middle of Elizabeth Street which is always bustling.
Katie Larson just moved a couple of blocks away and said she’s heartbroken she may not be able to fully experience the beloved haven full of sculptures and benches.
"Every time I walk around the block, I stop and see something beautiful, especially right around spring. It’s going to be hard for the neighborhood for it to be in this state," she said.
"I know there are people who are disappointed. To that, I say I understand. I hear you," said Department of Housing Preservation and Development (HPD) Acting Commissioner Ahmed Tigani in his office on Monday.
Tigani told reporters the HPD is pleased by the judge's decision and they're prepared to move forward in building 123 affordable housing units for seniors, 30% for formerly homeless seniors.
"We’re not only building housing, we’re returning green space. We’re checking the boxes of our public policy," Tigani said, while encouraging people to be part of the process. "We really do encourage community members who care about the garden to come work with us to see how we can turn the 6,000 square feet of open space and make it a future bonus."
Tigani says they're watching the appeal and legal steps closely but they're eager to get on the site once they are able to. Reiver doesn't deny the fact that affordable housing is needed, but he's wanted the city to take a serious look at other sites he has proposed, so that housing can be built and the garden can live on for the neighborhood.
"The mayor can still stop this, the garden is still here and those alternative sites still exist. These aren’t just city owned sites these are privately owned sites where the developers are ready and willing to work with administration," Reiver said.
To that, Tigani said given the depth of the housing crisis, they're open to any and all sites to build housing.
"We’re not in a situation where we can choose one or the other," he said. "We’ve looked at some of the sites and suggestions they’ve made and in fact, we’re moving forward on them. If you look at 388 Hudson right now, we’re proposing a project to build hundreds of units on that site."
"Thousands of residents, 300 local businesses, this is an entire community who’s spoken up saying save the garden and build at these alternative sites, at the very least build there first," Reiver told NBC New York. "I still feel the weight of the community behind me and the garden and that’s what I’m focusing on."
City marshals are in charge of the repossession process and can carry that out at any time.
