Parking is off-limits here!
Developers of the Elizabeth Street Gardens site expressed their frustration, labeling the city’s recent decision to designate the area as parkland as an “act of naked executive power.” This lawsuit, filed in Manhattan Supreme Court on Wednesday, claims that the measure breaches city charter regulations regarding changes to city maps. They’re seeking an injunction to thwart Mayor Eric Adams’ last-minute attempt to derail a planned 123-unit senior housing project.
Adams’ initiative is perceived as a strategy to undermine Mayor-elect Zoran Mamdani’s commitment to advance a 10-year plan concerning city-owned land use.
The lawsuit argues that this move “fundamentally undermines the integrity of the city’s established land use approval process.” It could potentially jeopardize future projects if the laws surrounding land use are allowed to be “overridden and superseded by political convenience or preference.”
“The Haven Green project has complied with all legal requirements,” state the developers. This project is set to include 123 affordable units, with 40% reserved for seniors who were formerly homeless.
After initially opposing the development and dedicating city resources to block it, Adams shifted gears in June, proclaiming a moratorium on garden development and suggesting three alternative sites on city-owned land.
However, he added that the switch to housing would only proceed if the other sites could navigate a lengthy city review process known as ULURP.
The lawsuit insists that Adams’ abrupt decision to “open this land to public use as parkland in perpetuity” breaches the prior agreement.
The developers—Penrose, Habitat for Humanity, and Riseboro—point out that this designation was made without proper authorization, public notification, ULURP procedures, or legal justification, violating an agreement to keep the door open for future site development.
A City Hall spokesperson countered that while ULURP applies only when land is sold, park designation is merely a shift from one agency to another.
When asked for updates on the alternative sites, City Hall seemed surprised by the lawsuit, merely confirming that discussions regarding the Haven Green project were progressing for a site that could potentially host up to 200 homes.
The case implies that developers might hesitate to engage in future urban land developments if land use laws can be disregarded for political reasons.
First Deputy Mayor Randy Mastro referred to the lawsuit as “frivolous,” suggesting the developers are trying to exploit favorable terms in negotiations with the city.
Representatives for the development team did not immediately respond to inquiries about City Hall’s statements.
The organization that manages the garden space called the lawsuit “a misguided attempt” to overturn New York City’s efforts to preserve one of the neighborhood’s few remaining green areas.
Mayor-elect Mamdani, during his campaign, pledged to reverse Adams’ decision and advance the originally approved Haven Green project. Despite strong celebrity backing for the Elizabeth Street Garden— which the lawsuit notes was closed for years before development plans emerged in 2013—Mamdani won the Nolita district by a significant margin.
