After being granted a stay following the October eviction order, Elizabeth Street Garden is once again in danger of a demolition. The nearly 200-year-old sculpture garden has been the city’s desired site to build brand new units of senior affordable housing, luxury retail, and office space.
The NYC Housing Preservation & Development argues that the new development would create a garden of the same size, open to all New Yorkers, 24/7. Not to mention that the land was always city-owned.
However, that didn’t stop the outcry of supporters interested in fighting to keep Elizabeth Street Garden exactly as is. The demolition was eventually paused, with the case scheduled for the appellate term on February 25th.
Following those proceedings, the court sided in favor with the city and against the garden, stating that the city is the proper landlord and reserves the right to end the garden’s tenancy. Thus, Elizabeth Street Garden has no right to remain on the property.
A new eviction notice was served to Elizabeth Street Garden on March 7th that puts the garden at risk of termination as early as March 24th.
But Elizabeth Street Garden has not sat idle. In fact, the garden has filed a federal lawsuit under the Visual Artists Rights Act (VARA) to secure the protection of the garden as “an irreplaceable physical and social sculpture.” Cultural advocates and artists ranging from Patti Smith to The Cultural Landscape Foundation have shared their support for the lawsuit. An evidentiary hearing has been set for March 19th.
“This is not a choice between saving the Garden and building affordable housing—it is about rejecting false dichotomies and doing everything we can to preserve the one-of-a-kind Elizabeth Street Garden while achieving affordable housing for those who need it most,” ESG shared in a statement.
Stay tuned as more updates become available.