Attorney general opinion prompts Jackson County to pause enforcing landlord utility-bill liability

Jackson County commissioners on Jan. 12 discussed an Alabama Attorney General opinion that, in response to a Randolph County/Roanoke Utilities Board inquiry, concluded a utility board may not require landowners to be responsible for tenants' unpaid utility bills.

The chair summarized the AG opinion and told commissioners that, because the attorney general's reasoning is substantially similar to a prior county action concerning garbage bills, it would be his recommendation that the county not enforce the existing requirement that landowners pay tenants' unpaid utility charges. Several commissioners agreed with following the county attorney's advice. The chair said a subsequent motion will be needed at a future meeting to reverse the formerly approved requirement.

Commissioners noted differences in local contexts (the Roanoke utilities model differs from Jackson County's garbage collection arrangements) but expressed concern that a legal challenge would likely produce the same outcome. No formal vote to repeal the prior action occurred at this meeting; staff were asked to prepare appropriate motion language for the next meeting.

What’s next: The commission plans to place a formal motion on the next meeting agenda to reverse the prior policy and align county practice with the Attorney General opinion.

Quote: "The attorney general issued an opinion said that the utility board could not require the landowners ... to be responsible for their tenants' utility bill," the chair said when recommending the county cease enforcement.