Court Mediates East Brunswick's Affordable Housing Dispute, Sets 296-Unit Obligation

EAST BRUNSWICK, NJ — East Brunswick has finalized its affordable housing obligation at 296 units following negotiations through the Affordable Housing Dispute Resolution Program overseen by the New Jersey Courts after legal challenges from the Builders Association, Mayor Brad Cohen announced during Monday's Council meeting.

The township initially faced a 314-unit mandate but challenged this figure, arguing the New Jersey Department of Community Affairs's methodology miscalculated available land. The township and DCA then mutually agreed on the adjusted number of 265, which prompted the Builders Association to file legal action against East Brunswick and other New Jersey municipalities seeking similar adjustments.

The township recently entered a settlement process with the Builders Association to try and come to an agreement before going to court.

“The end result was that we were not willing to change our number, and the Builders Association wasn't really willing to change their number. So, the court, which is a retired judge who acts in this settlement hearings, relied on her expert witness who is an expert planner, and that person's number was 296. The Court has now given us that number as a final agreed upon number,” Mayor Brad Cohen told the Council and community.

While the township could contest this figure in court, Cohen cited the poor success rate of such challenges and the resources required as reasons for accepting the settlement number, which still represents an improvement from the original 314-unit obligation.

“It's still less than the 314,” Cohen said.

“And now the next phase of all of this, if accepted by both parties, is for the town to provide to the DCA, where in the township those 296 units should be located. That is being worked on by our planning and engineering department.”

That piece of work is due by June. During that time, the Council will be provided with recommendations made by the Planning and Engineering Department for approval.

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