They’re planting their feet in the ground.
The fate of the beloved 20,000-square-foot Elizabeth Street Garden in Nolita — where the city is vying to build 123 affordable housing units — may be sealed in the coming days as activists await a decision regarding whether its eviction will be paused as they fight their appeal in housing court, an attorney for the greenspace told The Post.
A decision on the garden’s motion to pause the eviction and demolition until the case — an appeal of a June court ruling that approved the city’s plan to build the controversial Haven Green housing development — is resolved could come as soon as Wednesday, Norman Siegel, an attorney for the sculpture garden, said Wednesday morning.
“All the parties have to get their papers in by the end of today,” he said. “Then, what happens is the clerk sends the paper to the full court — three judges — to decide on the motion,” which could happen “tonight, tomorrow or next week, who knows.”
A spokesperson for the Housing and Preservation Department told The Post that the city “will take repossession as soon as legally permissible and remain steadfast in our commitment to building more affordable housing in every neighborhood and Haven Green is part of that commitment.”
When asked if the garden will have time to move its sculptures should the court deny a full eviction pause, a spokesperson for City Hall told The Post that the window “is currently ongoing and has been ongoing for years.”
Siegel added that “it’s very, very unlikely that anything will happen” Wednesday, noting the last-minute legal win temporarily pausing the garden’s eviction from earlier this month “stays in effect until a decision on the motion pending the appeal is decided.”
Organizers were originally told to vacate the garden by Oct. 17 after it was served an eviction notice on Oct. 2.
The news comes as Mayor Eric Adams on Tuesday renewed his vow to pave over the rare Manhattan respite, citing his commitment to build affordable housing anywhere he can.
“There is a vacancy problem,” Hizzoner said at a news conference. “These are tough decisions. No one likes these decisions.
“You’re not going to be liked when you make these decisions,” he added. “But when people look back over these years, they’re going to see that this city is a better city because I was willing to make these decisions … one could easily placate you and say, ‘Everyone yelled loud so now I’m not going to do the housing that’s needed.’”
The affordable housing units, developed by Pennrose Properties, won’t be permanently affordable, activists say, and are slated to change to market rate in 30 to 60 years.
Retail space and 11,200 square feet of offices are destined for the ground floor, with Habitat for Humanity already tapped as the anchor tenant. A .15-acre space next to the building is also included in the plans.
Ahead of the court’s decision, Elizabeth Street Garden executive director Joseph Reiver has been working with advocates to garner support for the lush space, Siegel said — including gathering more than a dozen gardeners Monday for a rally in front of City Hall.
Reiver and Council Member Christopher Marte have also presented “numerous [alternative] options to save the garden and to get at least 123, if not more, units for the seniors,” Siegel added.
The proposals include two sites with eager owners and more space for affordable housing than in the city’s plan, Marte previously told The Post.
“I don’t see how this administration can reject this offer in good faith,” he said.
A spokesperson for City Hall, however, squashed any hope of the Adams administration seriously considering the alternatives earlier this month.
“The so-called ‘private proposals’ identified by the garden are not serious,” the spokesperson said.
“Any claims that Elizabeth Street Garden has identified serious options are incorrect. Each would require a new, full public process, bringing years of delay.”
