Verify a Statutory Notice / Transmittal Reference ID
Parties, property owners, property managers, or public utility authorities served with a Formal Notice of Fiduciary Intervention from trustee@briarrosetrust.com may enter their Transmittal Reference ID (for example, brt-20261019-yharris-01) to verify notice status and compliance deadlines.
Statutory Authority
Certificate of Trust Abstract (O.C.G.A. § 53-12-280)
The Briar Rose Fiduciary and Supplemental Needs Trust is an active, irrevocable third-party supplemental needs trust funded exclusively with third-party grantor capital pursuant to 42 U.S.C. § 1396p(d)(4), SSA POMS SI 01120.200, and the Georgia Trust Code (O.C.G.A. § 53-12-20 et seq.).
- Fiduciary Standing: The Trustee holds full legal authority to intervene in residential lease administration, utility account disputes, habitability enforcement, and disability accommodation demands on behalf of protected beneficiaries.
- Exempt Supplemental Corpus: Trust assets are administered strictly as third-party supplemental benefits and do not constitute countable resources or unearned income of the disabled beneficiaries under federal SSI or Medicaid regulations.
- Sole Authorized Channel: Where a Notice of Fiduciary Intervention has been issued, all third-party landlords, property managers, and utility providers are legally required to communicate exclusively through the Office of the Trustee in writing.
Mandatory Notice to Landlords & Utility Account Holders
Protected Disabled Occupancy & Cease-and-Desist Protocol
Properties occupied by Trust beneficiaries are subject to strict statutory monitoring and continuous evidentiary preservation (including indoor environmental/temperature logging and exterior video/audio security recording).
- Prohibition on Direct Confrontation: Under the Federal Fair Housing Amendments Act (42 U.S.C. §§ 3604(f), 3617) and O.C.G.A. § 8-3-202, landlords and property managers are strictly prohibited from approaching, telephoning, scolding, or demanding unrecorded in-person meetings with disabled beneficiaries after fiduciary representation has been noticed.
- Mandatory 48-Hour Written Entry Notice: Any inspection or licensed contractor repair (including mandatory HVAC/central heating restoration) must be scheduled in writing through
trustee@briarrosetrust.comat least 48 hours in advance. - Anti-Retaliation Shield (O.C.G.A. § 44-7-24): Any retaliatory threat of eviction, rent increase, or utility interference following a statutory habitability or utility notice triggers immediate civil litigation for statutory penalties, multi-year rent abatement, and tort damages.
Governing Statutory Mandates
Georgia & Federal Compliance Standards Enforced by the Trust
| Statutory Provision | Mandatory Legal Standard & Liability Exposure |
|---|---|
| O.C.G.A. § 44-7-14.1 Unlawful Utility Suspension / Constructive Shutoff | Strictly prohibits any landlord or agent from knowingly and willfully suspending, interrupting, or cutting off water, heat, light, or cooling service prior to final disposition of a judicial dispossessory proceeding. Where a landlord maintains a public water account in the landlord's own name, closing, canceling, or allowing disconnection of that account constitutes a criminal misdemeanor and actionable civil violation. |
| O.C.G.A. §§ 44-7-13 & 44-7-14 Georgia Safe at Home Act (HB 404) & Tort Liability | Imposes a non-waivable statutory warranty of habitability requiring residential landlords to maintain functional heating facilities capable of sustaining at least 68°F across all habitable rooms (IPMC § 602.3 / O.C.G.A. § 8-2-20). Landlords are liable in tort under O.C.G.A. § 44-7-14 for physical, medical, and compensatory damages caused by unheated dwellings. |
| O.C.G.A. § 44-7-2(b) Void Lease Exculpatory Clauses | Any lease provision purporting to waive, limit, or require a tenant to "covenant not to sue" a landlord for failure to repair fixtures, heating equipment, or habitability defects (or prohibiting supplemental heating while central heat is inoperable) is void ab initio and unlawful per se. |
| O.C.G.A. § 44-7-24 & 42 U.S.C. § 3617 Anti-Retaliation & Fair Housing Interference | Bars any landlord from retaliating against a tenant or disability advocate for asserting habitability or utility rights. Provides statutory damages (one month's rent plus $500.00 under Georgia law), actual and punitive damages under federal law, and a complete defense to dispossessory proceedings. |
Written Compliance Portal
Submit Written Confirmation or HVAC Contractor Schedule
Landlords, property managers, and utility representatives may submit written compliance confirmations, water account status verifications, or 48-hour advance licensed HVAC repair schedules directly to the Office of the Trustee below, or by email to trustee@briarrosetrust.com.