Maryland and
Emotional Support Animals

Maryland ESA Laws

Maryland protects emotional support animals (ESAs) through the federal Fair Housing Act and the Maryland Fair Housing Act (Md. Code, State Gov't § 20-701 et seq.). The Maryland Commission on Civil Rights enforces housing discrimination complaints, including wrongful denial of ESA accommodations. Maryland does not have a state-specific ESA fraud statute. Landlords must make reasonable accommodations for tenants with verified ESA letters from licensed mental health professionals and cannot charge pet fees or deposits.

Overview of ESA Laws in Maryland

Maryland protects emotional support animals (ESAs) through the federal Fair Housing Act (FHA) and the Maryland Fair Housing Act (Md. Code, State Gov't § 20-701 et seq.). The Maryland Commission on Civil Rights (MCCR) investigates complaints of disability-based housing discrimination, including wrongful denial of ESA accommodation requests. Maryland has not enacted ESA-specific legislation or an ESA fraud statute, but tenants with qualifying disabilities are fully protected under both federal and state fair housing law.

Federal Fair Housing Act Protections

Under the FHA (42 U.S.C. §§ 3601–3619), housing providers in Maryland must make reasonable accommodations for individuals with disabilities who require an ESA. Key protections include:

• Landlords cannot deny housing or charge pet fees/deposits for a verified ESA
• Breed, size, and weight restrictions do not apply to ESAs
• "No pets" policies must be waived for tenants with valid ESA documentation
• Landlords may request reliable documentation of the disability-related need

Maryland Fair Housing Act (State Gov't § 20-701)

The Maryland Fair Housing Act provides state-level protections that complement the federal FHA:

• Prohibits discrimination in housing based on disability (§ 20-705)
• Requires housing providers to make reasonable accommodations for persons with disabilities
• The Maryland Commission on Civil Rights investigates complaints and may pursue administrative action
• Complaints must be filed within one year of the alleged discriminatory act
• Maryland's definition of disability broadly encompasses mental health conditions
• Remedies may include compensatory damages, injunctive relief, and civil penalties

County and City Protections

Several Maryland jurisdictions, including Montgomery County, Prince George's County, and Baltimore City, have their own human rights commissions and fair housing ordinances that may provide additional protections beyond state law. Tenants in these jurisdictions have multiple avenues for filing ESA-related discrimination complaints.

ESA Letter Requirements in Maryland

To qualify for ESA protections in Maryland, tenants must obtain an ESA letter from a licensed mental health professional (LMHP). The letter must:

• Be written on the provider's professional letterhead
• Confirm the tenant has a recognized mental health disability under the DSM-5
• State that the ESA provides therapeutic benefit related to the disability
• Include the provider's license number, state of licensure, and signature
• Be dated within the past 12 months

Housing Rights and Landlord Obligations

Maryland landlords must follow both the FHA and the Maryland Fair Housing Act when evaluating ESA requests. A landlord may:

• Request documentation if the disability is not readily apparent
• Verify the legitimacy of the ESA letter with the issuing provider
• Deny a request only if the animal poses a direct threat to safety or would cause substantial property damage

Landlords cannot:

• Charge pet rent, pet deposits, or pet fees for an ESA
• Require specific training or certification for the ESA
• Impose breed or weight restrictions on an ESA
• Demand to know the tenant's specific diagnosis
• Retaliate against a tenant for requesting an ESA accommodation

ESA Fraud in Maryland

Maryland does not have a state-specific ESA fraud statute. However, misrepresenting an animal as an ESA or providing fraudulent documentation could be prosecuted under Maryland's general fraud and misrepresentation laws. Housing providers who suspect fraud should follow HUD's 2020 guidance for evaluating ESA documentation.

ESA vs. Service Animals in Maryland

Maryland law distinguishes between ESAs and service animals:

• Service animals are individually trained to perform specific tasks for a person with a disability and are protected under the ADA in all public places
• ESAs provide emotional comfort through companionship and are protected primarily in housing under the FHA
• ESAs do not have public access rights to restaurants, stores, or other public accommodations
• Md. Code, Crim. Law § 7-705.1 addresses service animal fraud but does not specifically cover ESAs

Air Travel with ESAs

As of January 2021, the U.S. Department of Transportation (DOT) revised its ACAA rules. Airlines are no longer required to accommodate ESAs in the cabin. Most major airlines now treat ESAs as regular pets, subject to standard pet fees and carrier requirements. Only trained psychiatric service dogs retain the right to fly in the cabin at no additional charge.

How to Get an ESA Letter in Maryland

Maryland residents can obtain a legitimate ESA letter by:

1. Consulting with a licensed mental health professional (psychologist, psychiatrist, licensed clinical social worker, or licensed professional counselor)
2. Undergoing a clinical evaluation to determine if you have a qualifying mental health condition
3. Receiving a signed ESA letter if the provider determines an ESA would benefit your treatment

Key Statutes and References

• Fair Housing Act — 42 U.S.C. §§ 3601–3619
• Maryland Fair Housing Act — Md. Code, State Gov't § 20-701 et seq.
• Maryland Service Animal Fraud — Md. Code, Crim. Law § 7-705.1
• HUD Reasonable Accommodation Guidance — FHEO-2020-01
• DOT Final Rule on Traveling by Air with Service Animals — 14 CFR Part 382 (2021)