The Elizabeth Street Garden is about to get evicted – again

The Elizabeth Street Garden is once again facing eviction.

The eviction notice, filed in Manhattan housing court March 5, puts the garden’s owners on notice that they could be kicked out of the popular green space as soon as March 24. The garden and its supporters, who were granted a stay by an appeals court judge after the city's last eviction attempt in October, have also filed a federal challenge to stop the city from building affordable housing on the site, citing a federal law that protects artists from having their work destroyed.

The Department of Housing Preservation and Development, which owns the land, is leading the charge to replace the garden with affordable housing for seniors, which has faced criticism for not always being open to the public.

"This fight proves how fiercely affordable housing is resisted—even where it’s needed most and when it includes truly accessible, open, green space—but we won’t be stopped,” agency spokesperson Ilana Maier said in a statement.

Joseph Reiver, the garden’s executive director, declined to comment on the latest eviction filing and pointed to previous statements on the garden’s federal filings against the eviction when asked about the latest notice.

The federal lawsuit argues that “Elizabeth Street Garden’s harmonious blend of neoclassical sculptures, curated plantings, and vital community engagement elevates it beyond a typical green space,” according to a statement released by the garden.

The task of evicting the garden has again been assigned to the office of City Marshal Gary Rose, who was also tasked with kicking the garden off the property the last time the city filed a motion to reclaim the land.

Maier said the city was open to installing the garden’s sculptures and artwork in a new garden HPD plans to build on the site alongside the new affordable housing development.

David Brand contributed reporting to this story.