Flint City Council Votes for Moratorium on Property Liens for Unpaid Water Bills

By Kenrya Rankin May 19, 2017

Last month, Flint, Michigan, officials informed more than 8,000 households that if they do not pay outstanding water bills, a lien will be placed on their property, setting them on a path that could lead to foreclosure. But on Wednesday (May 17), Flint City Council passed a resolution that, if approved by Mayor Karen Weaver, will institute a yearlong moratorium on the policy of issuing liens.

Many residents stopped paying their water bills when it was revealed that the water being delivered to their homes via the tap contained dangerous levels of lead. The state subsidized the city’s water costs from April 2014 through February of this year, but stopped after announcing that the water’s lead levels were within federal guidelines.

Michigan Radio reports that council members were moved to act after receiving calls from constituents. “Enough is enough. I’ve made up my mind tonight to do what I need to do for the people who elected me,” council president Kerry Nelson said.

The resolution says that properties with delinquent balances going back to April 2014—when the city began drawing its water from the Flint River—will not have liens placed on them. Eight council members voted for it, and one abstained, citing unanswered legal questions.

“The ordinance can’t go back retroactively, and pull liens off of houses that have already been lost. That was the main reason,” council member Eric Mays told Michigan Radio.

Nelson said that both the city attorney and chief financial officer asked him not to pass the moratorium for the sake of the city’s finances. “It’s time out for that,” Nelson said. “The people of this city are suffering. They’re troubled, they’re at their wits’ end…. We’ve got to do what we can do. I’ve done what I can do.”

The American Civil Liberties Union and the NAACP Legal Defense and Educational Fund also lobbied for the moratorium, prompting a May 16 statement from Weaver. From that statement:

I welcome the support and input of the ACLU of Michigan and the NAACP Legal Defense & Educational Fund as this difficult and unfortunate situation has brought another dark cloud over the city and the progress being made to recover from the water crisis. The City of Flint is legally obligated to comply with some city and state statutes that are not suitable or appropriate when you consider the extenuating circumstances we are still facing.