The “Elizabeth Street Garden” in Manhattan’s Lower East Side, closely connected to the Chinatown community, has been a site of ongoing controversy for years. The New York Appellate Court has ruled to dismantle the garden on September 10th to make way for the construction of affordable housing. Despite this decision, supporters are still striving to protect this one-acre community sculpture garden, gathering support from celebrities. However, some local residents point out that the plot originally belonged to the government, intended for future affordable housing development, and thus the city government won the case in court.
The website of “Elizabeth Street Garden” states that this space has a nearly 200-year history as a public space, serving as an outdoor leisure and educational area for community residents since the 1800s.
However, historical records show that the plot was acquired by the government in 1822, a public school P.S. 5 (later renamed P.S. 21) was built on it in 1904, including a playground and garden. In the 1970s, the school was demolished, leaving the land vacant. In 1981, the government constructed the 152-unit affordable housing “Lira Apartments” on the southern half of the plot.
In 1991, a resident named Allan Reive started leasing the remaining land as a private sculpture collection space.
In 2012, the city government transferred ownership of the land from the Department of Education to the New York City Housing Authority. In 2013, the city announced plans to build affordable senior housing on the site.
Subsequently, the location gradually opened up to the public in the form of a sculpture garden.
In 2015, the New York City Housing Preservation and Development (HPD) applied for a $6 million grant to build a project called “Haven Green” on the site. The project planned to construct a seven-story building with 121 units of apartments designed for seniors, luxury ground-floor retail space, 11,200 square feet of office space, and approximately 6,600 square feet of private open space.
Despite opposition expressed by various parties, such as Manhattan Community Board 2, state senators, and city council members in 2019, the New York City Council unanimously voted in June of the same year to approve the development project. Supporters of the garden have initiated multiple lawsuits in an attempt to block the development plan.
In May 2024, the court ruled in favor of the city government’s eviction order, postponing the execution date to September 10th. In June, the New York State Supreme Court also upheld the city government’s project construction.
Joseph Reiver, the current director of the “garden” and son of Frei, expressed his dissatisfaction in an interview with PIX, saying, “You don’t have to destroy this garden to get it (affordable housing), nor should you get it in this community.”
According to information from the “garden” website, the Manhattan Community Board 2 had proposed several alternative plans to address the issue of affordable housing, including larger sites like 388 Hudson and 21 Spring.
Recently, celebrities including singer Patti Smith and actor Robert De Niro have also joined the ranks of supporters. They wrote a letter to Mayor Adams, stating that the city is erasing “some unique cultural history and heritage.”
However, supporters of affordable housing construction have questioned the garden’s long-term use as a public space. Former council member Margaret Chin stated that the garden’s managers never opened it to the public prior to learning that the location was designated for affordable housing.
Local residents mentioned that a decade ago, whenever they passed by the site, they saw the gate locked, with sculptures inside collected from abandoned renovations nearby, which the owner sold to others.
Joseph Chan, executive director of the Chinatown Partnership, stated that the land actually belongs to the city government and is not a true community garden space managed by the New York City Parks Department.
With New York residents currently facing a housing crisis, new data from the city government shows that in 2024, the vacancy rate for rental housing in New York City was only 1.4%, highlighting the urgent need for affordable housing. Chan observed that this issue is particularly acute in Chinatown, where overcrowded living spaces have posed a threat to elderly Chinatown residents. The affordable housing on the site was originally intended to address the needs of low-income elderly residents in Chinatown.
He mentioned that the United States is a country of laws, and this case has gone through legal proceedings, with many judges hearing arguments from both sides.
He also noted that while the city government won the lawsuit, the current situation is not optimistic, as the municipal government faces potential variables in the construction process of affordable housing with the upcoming elections.
Throughout the years of ongoing disputes and lawsuits, the city government has remained steadfast in pushing forward with the project. The New York City Department of Housing Preservation and Development praised Mayor Adams’ government for its determination in constructing affordable housing, believing the project will help address the housing crisis in New York City.
As the deadline of September 10th approaches, the controversy surrounding the “Elizabeth Street Garden” evidently continues.