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, a Maryland Commission on Civil Rights Complaint, or other lawsuit. The central question is whether the tenant has the required emotional support animal certification from a medical provider and has requested the ESA as it is necessary for their full use and enjoyment of the Property. A landlord should never ask about their underlying medical condition or disability.

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 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 physical disability. This determination is made by a medical professional who will issue an Emotional Support Animal certification.

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 waived when the tenant proves that the ESA request is reasonable and necessary.

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.

You must also evaluate each ESA request from every potential tenant who is in the tenant screening process. The evaluation must occur at both the pre-tenant screening process if the request is made at the time of application or at any point before signing, or after the tenant has signed the Lease.

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, or unavoidable costs can help support the decision. In the State of Maryland, Insurance restrictions are not a valid reason to deny an ESA request.

Can a Landlord Ask About a Tenant’s Disability?

In Maryland, Landlords should not ask for any information related to an individual’s disability unless the information is required to adapt the rental property to accommodate a request. Do not demand the tenant’s specific diagnosis, detailed medical records, or a physical examination.

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. Tenants are required to submit the ESA certification paperwork for a licensed medical professional.

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.
• Disability-Related Need: The documentation should explain that the tenant has a disability and needs the animal to use and enjoy the home.