What Maryland Landlords Need To Know About Emotional Support Animal Requests

• August 1, 2026
• Real Estate

Maryland landlords must evaluate emotional support animal (ESA) requests under applicable fair housing laws before enforcing pet restrictions. These requests can be difficult because landlords need enough information to evaluate the accommodation without asking for unnecessary medical details.

Handling a request incorrectly can lead to a fair housing complaint or lawsuit. The central question is whether the tenant has a disability and needs the requested accommodation to use and enjoy the home.

How Do Fair Housing Laws Regulate ESA Accommodation Requests?

Federal and Maryland fair housing laws mandate that property owners must make reasonable accommodations for tenants with disabilities when an accommodation is necessary for them to use and enjoy their housing.

An emotional support animal provides therapeutic benefits to an individual with a mental or psychiatric disability. The presence of the animal alleviates symptoms of the disability, which may help the tenant in daily life. Unlike service dogs, which undergo specific training to perform tasks, these animals offer necessary comfort simply through their presence.

Emotional support animals are not automatically entitled to the same treatment as trained service animals under the current HUD enforcement policy. Standard “no-pet” lease clauses may need to be changed when the tenant proves that the requested accommodation is reasonable and necessary.

Fair housing laws require landlords to evaluate whether the requested accommodation is reasonable and necessary rather than relying only on a general building policy.

You must review each request individually to determine if the tenant meets the legal threshold for an accommodation. Mishandling this initial evaluation phase can lead to a fair housing complaint or lawsuit.

When Can a Maryland Property Owner Deny an ESA Request?

A Maryland property owner can deny an ESA request when the accommodation would create one of the following problems:

• Undue Financial or Administrative Burden: The accommodation would impose high costs or administrative demands on the property owner.
• Fundamental Change in Services: The request would require the landlord to provide services outside the normal scope of operating rental housing.
• Direct Safety Threat: The specific animal poses a direct threat that cannot be reduced by any other reasonable accommodation.
• Substantial Property Damage: The specific animal poses a substantial risk of property damage that cannot be reduced through another reasonable accommodation.

Any decision must be based on the specific facts, not assumptions about an animal’s breed, size, or possible behavior. Evidence such as documented aggression, prior damage, insurance restrictions, or unavoidable costs can help support the decision.

Maryland law includes a limited exemption for certain single-family homes rented directly by the owner without a broker or other rental professional. However MD’s owner-occupied housing exemptions do not apply to disability discrimination.

Can a Landlord Ask About a Tenant’s Disability?

Maryland landlords can ask for limited disability-related information when the disability or need for the accommodation is not obvious. You generally should not demand the tenant’s specific diagnosis, detailed medical records, or a physical examination.

Your request should stay focused on whether a disability exists and whether the animal is needed for the tenant to use and enjoy the home. When the tenant’s disability and the need for the animal are both obvious, further documentation is generally unnecessary.

When only one is obvious, you can request information limited to the part that is not apparent. Asking for more information than necessary can lead to a fair housing complaint.

What Should Documentation for an ESA Request Include?

Documentation for an ESA request should show that the tenant has a disability and needs the animal to use and enjoy the home. Property owners frequently receive certificates purchased from internet websites, which can complicate the review process.

When the disability or disability-related need is not obvious, you can request enough information to evaluate the accommodation without demanding a diagnosis or complete medical records.

Useful documentation can address the following points:

• Qualified Provider: The information should come from a healthcare or other professional with knowledge of the tenant’s disability-related need.
• Disability-Related Need: The documentation should explain that the tenant has a disability and needs the animal to use and enjoy the home.
• Reliable Information: The documentation should provide enough credible information to evaluate the request rather than relying only on a purchased certificate, registration, or ID badge.