Upper Freehold Township seeks COAH attorney

By TAYLOR M. LIER
Staff Writer

Upper Freehold officials are looking to hire an attorney who will advise and work with the township on issues related to affordable housing.

At a recent meeting of the Township Committee, officials issued a request for proposals (RFP) from attorneys who are interested in filling the position of Upper Freehold’s Council on Affordable Housing (COAH) attorney. The proposal is being sought so Upper Freehold can have another professional to call on and refer to for information and expertise, according to municipal officials.

As it has been for 30 years, affordable housing continues to be an issue in New Jersey.

A series of court rulings in the 1980s required municipalities to provide what is referred to as their fair share of housing for individuals and families with low and moderate incomes, as defined by the state for various regions of New Jersey.

Municipal officials have addressed the mandate in various ways, including permitting affordable housing to be built in their town and/or transferring some of the obligation to provide affordable housing to other municipalities.

A municipality’s ability to transfer a portion of its affordable housing obligation to another town has since been prohibited by the Legislature.

Affordable housing is defined as housing that is sold or rented at below market rates to individuals or families who qualify for that housing.

Individuals who wish to be considered for the appointment as Upper Freehold’s COAH attorney are required to provide, among other details, the names and roles of individuals who will perform services, the résumés of key personnel performing services and the hourly rates of individuals expected to provide services.

Responses to the RFP must be returned to the township clerk by Sept. 3. The appointment of a COAH attorney will be announced at a public meeting, according to township officials.

There are several mandatory minimum requirements applicants must possess, which include: licensed to practice law in New Jersey for not less than 10 years preceding the proposed appointment; eligible to appear before all state and federal courts in New Jersey, as well as New Jersey administrative agencies and the Office of Administrative Law; a minimum of 10 years’ experience in the representation of municipal governing bodies in matters before COAH; and sufficient support staff available to provide all general legal services.

Township officials said that in seeking to appoint a COAH attorney, they are staying prepared and doing the work that is needed to ensure they are ready to handle any issues that may occur with the issuance of a new series of rules regarding affordable housing matters from the state.