Act 188 of 1954 (“Act 188”) is a statute that many townships use to finance many improvements using special assessments ranging from lak...Read More
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It depends on the type of utility service. Presumably you are referencing unpaid water and sewer services. Under certain circumstances, a Township may not place liens on properties for unpaid water and sewer services if tenants pay a property’s water and sewer bills. The Township cannot place liens on properties for unpaid water and sewer services if: (1) the landlord (who is the property owner) and tenant have a lease stating the landlord is not liable for paying water and sewer bills; and (2) the landlord files an affidavit regarding the lease language with the Township. See MCL 141.121; MCL 123.165. Once a landlord files the affidavit with the Township, the Township can no longer file liens for water and sewer services which occurred after the landlord filed the affidavit. The landlord exception above is narrow. If a landlord did not file an affidavit with the Township or if a landlord does not have a lease with their tenant containing language regarding water and sewer bills, the Township can still place liens on a landlord’s property. Nothing in the applicable statutes noted above requires a resolution, although adopting a Township policy on addressing delinquent utility bills would be prudent.
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