A development team planning to build affordable senior housing at the Elizabeth Street Garden has filed a lawsuit against New York City, alleging that Mayor Eric Adams illegally declared the site a public park.
Pennrose, Habitat NYC, and Riseboro — selected in 2017 to build 123 affordable units for seniors on the city-owned lot — filed the complaint on Wednesday, accusing the mayor of bypassing the city’s legally required land-use process.
The lawsuit argues that Adams effectively killed the Haven Green housing project by designating the Nolita site as permanent parkland without going through the Uniform Land Use Review Procedure (ULURP), which is required to map city land as a park.
Key takeaways
• Developers behind the Haven Green project say Mayor Adams unlawfully designated the Elizabeth Street Garden site as city parkland.
• The lawsuit claims the mayor bypassed ULURP, the mandatory public land-use review process.
• The complaint names Adams, HPD, DCAS, Parks & Recreation, and First Deputy Mayor Randy Mastro as defendants.
• The filing argues that allowing a mayor to unilaterally override completed land-use processes would set a “dangerous precedent.”
Background on the dispute
Haven Green, a 123-unit affordable housing project for seniors, had been approved following years of planning and litigation. The city had previously secured the right to evict the nonprofit that operates the sculpture garden on the site.
But in early November, the Adams administration reversed course. A letter from DCAS Commissioner Louis Molia informed Parks Commissioner Iris Rodriguez-Rosa that the city “unequivocally and permanently dedicates this property to public use as parkland.”
The reversal emerged from negotiations with local Council member Chris Marte, who agreed to support rezonings for three alternative sites producing a combined 620 affordable units — more than the Elizabeth Street Garden site would have delivered.
The shift drew criticism from Council leadership, housing advocates, developers, and other elected officials.
Court’s reasoning (according to the complaint)
The lawsuit argues that neither the mayor nor any mayoral agency has the legal authority to designate city land as parkland without ULURP. It warns that if the action stands, any administration could effectively overturn a completed land-use process by executive decision.
The complaint also questions potential political factors, pointing to:
• the role of First Deputy Mayor Randy Mastro, appointed in March;
• attorney Norman Siegel, who represented the garden’s nonprofit;
• and Frank Carone, Adams’ former chief of staff, who has supported opponents of Haven Green.
Broader implications
Mayor-elect Zohran Mamdani has said he would move forward with Haven Green, but after the site was declared a park, he noted that doing so would be “nearly impossible.” Using city parkland for housing would require approval from the New York State Legislature.
If the mayor’s action is upheld, the lawsuit argues, it would erode the legal framework of New York City’s land-use system and allow future administrations to reverse ULURP-approved projects without public review.
The mayor’s office did not immediately respond to requests for comment.
