Maryland Emotional Support Animal Laws for 2024

For millions of Americans, mental and emotional health disorders are a daily struggle that stand in the way of happy and productive lives. However, many animal lovers are learning all about the benefits of bringing an emotional support animal (ESA) into their lives, from affection and companionship to security and serenity. Whether they already have a precious pet or are looking to bring one home, making it an ESA brings some unique advantages outside of the therapeutic benefits. If you’re a resident of the Old Line State, you should know all about the Maryland emotional support animal laws that can affect your ESA journey.

Maryland ESA Laws: Overview of Federal Protections

Fair Housing Act (FHA): ESA Housing Protections

Like the rest of the United States, Maryland is subject to the protections of the Fair Housing Act (FHA), a powerful federal law that guarantees against housing discrimination. Thanks to the FHA, Maryland residents are permitted to bring an ESA into their homes, even if their housing provider has a standard no-pet policy. According to the law, landlords and housing providers are required to provide “reasonable accommodations” for disabled individuals and their ESAs, including waiving any standard pet fees or deposits. It also permits any domesticated animal to be considered an ESA, as long as it fits the property and poses no threats to property or residents.

However, the FHA also provides exceptions for housing providers in some cases, such as property damage or posing a threat to other tenants. In these instances, a housing manager is permitted to evict or otherwise deny the renter and their ESA. But in most cases, Maryland residents can live a happy and peaceful life with their emotional support animal in most rental situations, including apartments and multi-family housing.

Air Carrier Access Act (ACAA): ESA Air Travel Protections

When it’s time to takeoff to a new destination, Maryland residents are subject to the Air Carrier Access Act (ACAA), which prohibits discrimination against disabled individuals during domestic air travel. While this protects people with trained service dogs, it doesn’t necessarily apply to emotional support animals. Domestic air carriers are required to accommodate service dogs to the best of their abilities. 

However, airlines may make their own ESA air travel rules; JetBlue, for instance, allows small dogs and cats under 20 pounds to travel with their owners in the cabin in an approved carrier. If you have an official ESA letter, you might want to contact your airline when you book your travel to inquire about any similar exceptions for your emotional support dog or cat. But as a general rule, ESAs must travel like every other pet, in a designated cargo area of the airplane — so consider adopting a service dog.

Maryland-Specific ESA Laws: Housing and Public Spaces

Housing Laws in Maryland

Several states, cities, and municipalities have dedicated laws for assistance animals, either to augment federal legislation or to cover specific issues. Maryland doesn’t have any state-specific rules or regulations regarding emotional support animals or service dogs, but it is still covered by the FHA. That means landlords are required to allow ESAs to accompany their residents in their rental housing, free from extra fees or other pet-specific charges. However, tenants are still responsible for any property damage caused by their assistance animals. 

Public Spaces and ESA Access in Maryland

When you have an emotional support animal, you instinctually want to bring it with you wherever you roam. But if you’re asking, “Where are ESAs allowed in Maryland?”, the answer may be disappointing. Although the FHA provides public accommodation exceptions to service dogs, the same rules don’t benefit emotional support animals, and there are no Maryland ESA public access laws to protect them, either. 

Service dogs are unique assistance animals that have been trained to perform necessary tasks for disabled individuals, whether their struggles are mental, emotional, or physical. Since ESAs are not trained for specific services, they are considered pets in public spaces. This means you aren’t permitted to bring your ESA to restaurants, shopping centers, medical facilities, or any other public accommodations.

Can Landlords in Maryland Deny Emotional Support Animals?

Legitimate Reasons for Denial

While the FHA prohibits discrimination against disabled Marylanders, there are some legitimate reasons a landlord may deny housing to an ESA. If the animal poses a direct threat to other tenants on the property, displays excessive aggression, or has a history of causing property damage, they may be denied legally. Also, the property owner may deny an ESA if it would bring on undue financial or administrative burdens, such as drastic insurance increases or size limitations. However, such burdens are often hard for landlords to prove, and it is on them to provide evidence to get past the rules of the FHA.

Illegal Reasons for Denial

Just as there are ESA-related landlord rights in Maryland, there are also numerous illegal reasons that they may used to justify an eviction. These include any existing no-pet policies or in the case of unorthodox ESAs such as snakes or other reptiles. Also, landlords are prohibited from disallowing an ESA based on the tenant’s disability or personal biases against the animal.

ESA Documentation and Responsibilities in Maryland

Valid ESA Documentation

For disabled individuals, a signed emotional support animal (ESA) letter is the only official ESA document you need in Maryland — and the rest of the United States. An ESA letter is like a prescription for an emotional support animal, written by a licensed mental health provider (LMHP). Since some states require that your LMHP is licensed in your state, make sure your therapist, psychiatrist, or counselor is currently licensed in Maryland. The letter, which comes on their official letterhead, will outline your mental health disorder and why an ESA is necessary for your treatment plan. With this document, your housing rights are protected by federal law.

Tenant Responsibilities

However, as the holder of an ESA letter, you still have some requirements and considerations as a tenant to ensure a positive living arrangement for you and the housing provider. Since your landlord is prohibited from charging a pet deposit, if your ESA causes any property damage, you will be responsible for any repairs or replacements. Also, your landlord would be legally allowed to terminate your lease or evict you. You can also be evicted if your ESA is aggressive toward or poses a threat to other residents, so your companion must stay well-behaved. Because of these harsh outcomes, it’s essential that you and your beloved assistance animal are good tenants and neighbors.

FAQs

Can a landlord charge a pet deposit for an ESA in Maryland?

No, thanks to the FHA, housing providers may not charge a pet deposit or other related fees to applicants or tenants with an official ESA letter.

Are emotional support animals allowed in public spaces in Maryland?

No, unfortunately, ESAs are not permitted in most public spaces; however, trained service dogs have public access rights that let them accompany their owners in restaurants, stores, and other accommodations.

Can a landlord in Maryland deny an ESA?

The only grounds where a landlord can deny an ESA are if they would cause undue financial or administrative troubles to their business or property, or if they are aggressive or threatening to other tenants.

What documentation is required for an ESA in Maryland?

In Maryland, all you need to have an emotional support animal is an official ESA letter issues by a state-accredited licensed mental health provider (LMHP).

Are ESAs treated the same as service animals in Maryland?

Unfortunately, no, ESAs do not have the same rights as trained service dogs. They are still protected in housing, thanks to the FHA, but they are not typically allowed in public places. 

Conclusion (Get Your ESA Letter in Maryland with Pettable)

If you’re ready to bring an emotional support animal into your life, get your ESA letter in Maryland with Pettable. Our experts will match you with an LMHP licensed in the state and schedule your virtual appointment. During this consultation, you will be diagnosed with your mental health disorder and issued your legitimate ESA letter. Just like that, you and your assistance animal can move into your new rental housing and make it all your own. Contact Pettable to get started today!