The Elizabeth Street Garden (ESG) received an eviction notice from the city on March 7, 2025. The ESG is a sculpture garden in Little Italy, popular amongst neighbors and local artists. Although garden leaders and volunteers expected the city to close public access to the space as early as March 24, the gates continue to be open daily. 

The legal battle between the ESG and NYC has gone on for over a decade. The most recent warning was served after the garden lost their legal argument to save the space under the Visual Artists Rights Act (VARA.)  

New York City has chosen to move forward in their plans to evict the garden in favor of building affordable senior housing on the lot. Once complete, Haven Green will offer 123 units of affordable housing, and the conceptual site plan map shows plans to include 16,000 square feet of publicly accessible space. 

According to a June, 2024 NYC Housing Preservation and Development press release, 50 of these homes will go to senior citizens who are currently homeless. 

A garden volunteer, Morgan Cunning, expressed doubts about whether the development will be as beneficial to the community as the builders claim.

“A lot of developers will say a lot, and maybe they’re saying it’s affordable housing, but will it actually be? It is, like, a very expensive neighborhood. I highly doubt they’re going to honor their word when they say that,” Cunning said. 

According to Haven Green’s FAQ page, the development is only required to offer affordable housing units for 60 years. After this, the ESG points out, it could switch to market rate housing.

ESG advocates argue other unused lots could better serve this purpose. Council Member Christopher Mart proposed 388 Hudson Street as an alternative. According to the ESG Win-Win Proposal, the site could yield 705 affordable housing units. 

On Aug. 10th, 2024 Mayor Adams held a Chinatown conversation event where he answered questions from community members. In response to a question from Joseph Reiver, caretaker and co-founder of the ESG, Mayor Adams asserted his stance on building housing in the neighborhood. 

“Not only we may have to build on that spot, we may have to build even in alternative spots,” Adams said. “I don’t know if you guys understand what’s going on right now. There’s no housing, folks.” 

Reiver’s late father, Allen Reiver, started leasing the land from the city in 1991 as a place to store his sculptures. In 2013, The garden became a public green-space and sculpture garden. Morgan Cunning describes the space as an “outdoor museum.”

“I really wanted to be a part of something, to be a part of a community in a way that also involves nature. And this is one of the few spaces where you can do that year round,” said Cunning. 

According to The NYC Parks Department, Green Thumb Community gardens are usually only open from April 1st to October 31st. As the city becomes less and less affordable, Cunning argues that it’s essential to avoid losing open public spaces like the ESG. 

“It’s a free space and there really aren’t that many free spaces in New York City anymore. It’s so expensive to live here and it would be really detrimental to our community,” said Cunning.

Patti Smith, one of three celebrities defending the garden, made a surprise appearance at the event.  She sang songs from her 1988 album, Dream of Life. Together, the crowd chanted along to the song “People Have The Power,” 

“I was once told by a very great man, activist cannot prepare themselves to win win win, but to lose lose lose, and get up again and start a new,” Patty Smith said.

Zoey Popovic, a South Brooklyn resident, was also there to show her support of the space. “I think just keeping green-spaces in the city in general is super important, just making sure people remember their love for the outdoors and their connection to nature,” she said.  

David Straange, a poet who was in the audience, was struck by the news. “I think losing a space like this would be just like losing a foot, or arm, or hand. It’s something that’s an extension of you – an extension of your community in a way,” Straange said.

“Without a place like this garden, it’s going to be very difficult for people to come together and bring new life into the city,” he added.  

Brad Vogel performed poetry during the gathering. He once lived just three blocks away from the ESG. 

“It’s always been such a haven for me. And even now that I live in Brooklyn, I still think of this as home,” said Vogel. 

Vogel is frustrated with the city’s decision to serve the eviction warning instead of building in other places. 

“So, it’s incredible that the garden is even in this predicament. Like, there are clearly alternate solutions that would allow the garden to survive and still provide housing units for people, and I think it’s absurd that we’re in this spot,” said Vogel. 

Despite his disappointment in the city’s plan for the future of the land plot, Vogel said he continues to have hope for the future of the ESG. 

“There’s still hope, There’s still a possibility. And until the absolute last minute, I continue to hope that something, some final blossom, opens and there’s a way,” said Vogel.