Elizabeth St. Garden Gets Reprieve but Eviction—& Senior Housing—Still Likely to Follow

Like an inmate on death row, Elizabeth Street Garden (ESG) has been granted yet another stay of execution.

On Friday November 1, the New York State of Appeals extended a stay of eviction, granted in October, until at least a scheduled hearing date in February 2025.

Whether one views this as justice—a garden saved—or justice delayed–the construction of Haven Green, an affordable senior housing complex and public space—is for legal-minded Gothamites to decide for themselves.

That said, such a decision is best made on facts, not sentiment.

On May 8, 2024, Civil Court Judge Richard Tsai ruled in favor of the city’s eviction plan. He further ordered ESG to pay $95,483.87 in back rent plus interest, while giving the garden until September to relocate.

In June, this decision was sustained by the Court of Appeals in a 6 to 1 vote. Among the reasons given by the lone dissenter, Judge Jenny Rivera, “we are on a fast track to climate disaster.” Rivera, following the lead of ESG attorneys, also considered the garden a unique open space in a neighborhood allegedly lacking in same.

An ESG-produced map “shows” this—by using the arbitrary boundaries of Community Board 2, west of ESG.

Tellingly omitted from the map: Sara D. Roosevelt Park, three short blocks east of ESG, including M’Finda Kalunga Community Garden.

While SDR Park has its issues—most of them due to neglect— to pretend it doesn’t exist just steps away in adjacent Chinatown is a misrepresentation.

One can speculate why ESG advocates never mention SDR Park (“Is it too... you know, ‘diverse’?” quipped one Gothamist commenter) but it’s there alright—a fact ESG ally Council Member Christopher Marte surely knows, as it’s his district which includes both green spaces.

Once Upon a Time in Little Italy

The roots of this battle go back to the 1974 creation of the Little Italy Restoration Association. Among its achievements was the construction of the low-income LIRA Apartments on Spring Street between Elizabeth and Mott. Opened in 1981, the development covered the southern two-thirds of a site where Public School 29 once stood, with the remainder of the land remaining city property.

In 1988, Allen Reiver, a notable Denver real estate developer, left the Mile High City and moved to New York, a mess of lawsuits behind him. But that’s the highly litigious world of real estate, and the Big Apple is a place for reinvention.

That same year in Manhattan, Reiver formed a partnership with Gil Shapiro and Leonard Schecter called the Urban Archeology Company, to market architectural antiques and high-end reproductions. Shapiro and Schecter contributed inventory from their existing architectural salvage business, and Reiver invested over $1 million.

The venture was very successful and in 2003 would result in a very acrimonious lawsuit, Urban Archaeology Ltd. v Dencorp Investments., Inc, the latter party being Reiver. As the decision in the case—which involved the exercise of a buyout option between Shapiro and Reiver—noted, “The company has increased its revenues from $40,000 in 1988 to $12 million in 2002, with a high level of profitability. As a result, both Shapiro and Reiver have received substantial yearly distributions.”

In October 2004, the court decided against Reiver, who was forced to accept a $6 million buyout.

These figures are cited not to shame Reiver for his success. In many ways, his story is remarkable, but it’s hardly the tale of a selfless innocent going against an implacable system.

Garden Party vs. Old Folks

In August 1990, Reiver and Shapiro opened a gallery at 210 Elizabeth Street to showcase their wares. In June 1991, they began renting the empty lot across the street from the city for $4000 monthly. After some cleanup, it became their outdoor showroom and private garden.

“We’ve created a parklike atmosphere so people can see the statuary as it’s supposed to be used,” Reiver told the New York Times. “From the gravel roadways, everything can be lifted and placed by a 30-foot crane without ruining the sod.”

As noted in a June 1991 Times article, “A Garden Nourished by the Profit Motive,” the “parklike” space was locked, though it could be accessed, with permission, during gallery hours.

A cheerful 1996 Times piece described gallery’s outdoor space as “a pristine, fenced in garden... filled with statuary for sale: dwarf-size bishops, oversize cherubs ($25,000 for the pair), a four-tier fountain, an oasis for a flock of sparrows.”

In 2003, Reiver purchased the building adjacent the garden, 209 Elizabeth Street, as Elizabeth Firehouse, LLC, a name inspired by its initial use as mid-19th-century fire station. This building became the Elizabeth Street Gallery storefront and, through a side door, access to the garden.

Not until September 2015 did the Times return. “Tumult in a Manhattan Oasis over Affordable Housing Plan” read the headline—because the city wanted its land back.

The process had begun in 2012 at the urging of local Council Member Margaret Chin and was supported by Mayor Bloomberg. Now, with Mayor DeBlasio in office, the Department of Housing, Preservation and Development (HPD) was applying for a $6 million dollar grant from the Lower Manhattan Development Corporation to get things started.

Both Reiver and Community Board 2 opposed the plan.

The ESG lot was always the city’s to reclaim—but Reiver he shrewdly recognized his best shot lay in the court of public opinion.

Thus, the non-profit Friends of the Elizabeth Street Garden was formed, with increased public accessibility following.

CM Chin was unimpressed. “I’ve been fighting for Seniors and their families to be able to remain in the neighborhood they helped build,” she said. “Not building on the site is wrong. That site has not been fully utilized for years. Enjoy it now, ultimately senior housing is going to be built there.”

In 2017, HPD selected a development proposal for Haven Green, a joint venture partnership of Riseboro, Habitat for Humanity, and Pennrose.

In February 2019, then Manhattan Borough President Gale Brewer signed on in an advisory role. That April, the City Planning Commission voted its approval, followed in June by the City Council. Save one abstention each, these votes were unanimous.

“This isn’t just a conversation about preserving open space but saving an iconic New York place” said Allen Reiver’s son, Joseph. “Elizabeth Street Garden is far more than just generic open space, it’s a work of art.”

That fall, Friends of Elizabeth Street Garden, Jospeh Reiver, Executive Director, filed a scattershot lawsuit against Mayor DeBlasio, the City Council, and every NYC agency and development partner involved in Haven Green.

The litigation continues to this day, outlasting 78-year-old Allan Reiver, who died in May 2021. Now it’s Mayor Adams’ problem, and now he too is now an enemy of the Friends.

The Adams administration is unamused.

“As over 2,100 seniors sleep in shelters tonight, the well-housed plaintiffs and attorneys behind the Elizabeth Street Garden can rest well tonight knowing they have prevented the city from building affordable housing for seniors and public green space for at least another few months,” said a City Hall spokesperson. ”We remain undeterred and will continue this decades-long fight for what is right and what is needed—housing for some of our most vulnerable neighbors.”

“The so-called ‘private proposals’ identified by the garden are not serious. Any claims that Elizabeth Street Garden has identified serious options are incorrect. Each would require a new, full public process, bringing years of delay. And as the Garden knows, even after public review concludes, there is always a danger that meritless litigation will further delay a project’s ability to get started and house New Yorkers. Regardless, we will continue to fight for the needs of seniors living in shelter.”