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A federal lawsuit has been filed in U.S. District Court for the Southern District of New York to stop housing from getting built atop Elizabeth Street Garden. The lawsuit is supported by high-profile artists, curators, and historians including JR, Patti Smith, Mara Miller, Klaus Biesenbach, and Jeffrey Brodie. Robert De Niro, Martin Scorsese, and others have also fought on the Gardens behalf. The Cultural Landscape Foundation (TCLF) simultaneously supports the lawsuit, which Elizabeth Street Garden (ESG), a local nonprofit, filed under the Visual Artists Rights Act (VARA). ESGs goal is to secure the Gardens status as an irreplaceable physical and social sculpture, integral to New York Citys cultural and environmental landscape. In addition to green space, the park displays statuary from founder Allan Reivers collection.The proposal is fighting is called Haven Green. It was first rolled out in 2019 by Pennrose, Habitat for Humanity New York City, and RiseBoro Community Partnership. Haven Green would deliver 123 units of affordable housing for seniors at Elizabeth Street Garden. This is not the first time the gardens future has come up in court. Elizabeth Street Garden Inc.run by Allans son, Joseph Reiverfiled a lawsuit against Haven Green in 2019 to stop it. The new lawsuit filed in federal court is the latest attempt by Haven Greens opponents to stymie the development project, which seeks to house seniors.Last October Elizabeth Street Garden received an eviction notice that was temporarily revoked, allowing the art-filled park to stay put until February 2025. In a statement this week, Elizabeth Street Garden said it remains steadfast in its commitment to both preserving Elizabeth Street Garden and advancing affordable housing solutions.We have identified multiple nearby city-owned and private sites, including vacant lots and unused buildings, which offer viable alternatives for creating even more affordable housing without sacrificing the Garden, ESG added. Despite the Citys messaging, these solutions provide real opportunities for housing without any loss to the community.Every day the City chooses not to seriously consider these alternative site proposals, we risk losing another opportunity to create affordable housing in the neighborhood, ESG continued. This is not a choice between saving the Garden and building affordable housingit is about rejecting false dichotomies and doing everything we can to preserve the one-of-a-kind Elizabeth Street Garden while achieving affordable housing for those who need it most.
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