EAST BRUNSWICK — Township officials are concerned a recent court ruling regarding affordable housing will have ramifications on their plan, which was recently approved by the state Council on Affordable Housing.

During the Oct. 5 Township Council meeting, township Business Administrator James White made note of a recent ruling against Eastampton, a small town in Burlington County. An applicant called Homes of Hope sued the town after its Planning Board rejected an affordable housing project. In August, an Appellate Court judge ruled in favor of the project, sending it back to the board for approval.

At a time when towns such as Eastampton and East Brunswick are among the first to have affordable housing plans that have received third-round certification from COAH, some felt the court decision encroached on towns' abilities to limit their fair share affordable housing.

The East Brunswick council passed a resolution expressing its dismay with the court decision.

White said East Brunswick prides itself on its willingness to meet COAH regulations and has in fact exceeded them, White said. But officials are concerned that a developer could turn the tables on the town even after it has been certified by COAH. White noted that Eastampton has also exceeded its COAH obligations for affordable housing, yet still lost what has been referred to as a "builder's remedy suit. " White said the township's planning and engineering officials feel strongly that the Eastampton case should have never gotten so far. He said one of the incentives for towns to meet COAH standards is the assurance the town will be protected from such lawsuits.

"We think it's egregious what [the court] did," White said. Mayor David Stahl said later that he agreed with White's statements.

White said the developer brought an application that included higher density housing than is allowed by the town and argued that the affordable housing made the project "inherently beneficial." White said he agrees that affordable housing is inherently beneficial for the state, but when towns have provided their fair share, they should be protected.

The resolution asks the state Legislature to take action "to address the inequity in the court decision."

COAH certified East Brunswick's thirdround plan in August, making it one of the first 31 towns in New Jersey to receive approval since COAH announced last year that municipalities would have to revise their fair share plans to meet new regulations. The township's fair share obligation for the period from 2004 through 2018 is 497 affordable housing units. However, due to a surplus in the number of units built in prior rounds, the township's remaining obligation for the new round is 410. It has already provided 137 of those units and has proposed the remaining 273 through a variety of means. These include 39 for-sale units in an Alfieri development, and 24 age-restricted rental units in an Arisa development, as well as 193 low-income rental units that will be acquired and offered as part of a market-toaffordable program.