If you own an animal that assists you in managing anxiety, depression, PTSD, or some other mental disorder, you will probably wonder about the position of Maryland laws regarding your right to keep the animal with you. Is it possible for a landlord in Baltimore, Rockville, or Annapolis to refuse your pet because of a “no pets” policy? Will you continue paying extra money as pet rent or a deposit? Can you take the animal to work, into a restaurant, or fly out of BWI with the animal?
Maryland does not have any standalone law on ESAs, but that does not necessarily mean that there are no relevant laws in Maryland. The Maryland Fair Housing Act requires a reasonable accommodation in housing, and the Maryland Commission on Civil Rights (MCCR) has provided extensive guidelines on the procedure for handling ESA requests. After HUD rolled back its federal ESA guideline in May 2026, the MCCR stated that the Maryland provisions are in force. Out of the scope of housing, ESA rights are minimal.
This guide explains the rights of Maryland ESA owners and the process of obtaining housing accommodation and documentation.
What Is an Emotional Support Animal?
The ESA helps in giving comfort and company to the handler who suffers from a mental or emotional disorder. There is no specific training needed for the animal to become an ESA. All the animal needs to do is be present around you. According to MCCR, any type or breed of animal can be an ESA, but there should be a link between your disability and the ESA.
Otherwise, under Maryland laws, the accommodation has to be “necessary.”
Conditions That May Qualify
A licensed health professional decides whether an ESA is appropriate after a real evaluation. Clinicians commonly consider conditions such as:
- Anxiety and panic disorders
- Depression
- PTSD, including among veterans and military families
- Bipolar disorder
- ADHD
- Social anxiety and phobias
- Autism spectrum disorder
A diagnosis alone doesn’t guarantee approval. Your provider looks at how your condition affects daily life and whether an animal helps ease your symptoms.
How an ESA Can Help
Many people say their animal helps them:
- Feel calmer during stressful moments
- Keep a steady routine through walks, feeding, and play
- Feel less lonely or isolated
- Feel a sense of purpose and responsibility
- Stay grounded when symptoms flare
An ESA doesn’t replace therapy or medication, but it can be a meaningful part of your support system.
ESA vs. Service Animal vs. Psychiatric Service Dog
The confusion surrounding these terms is always rife, and the legal implications of each are huge.
Emotional support animal (ESA): Offers consolation via companionship; no task training is needed. The laws regarding protection are mostly related to housing.
Service Animal: According to the ADA (Americans with Disabilities Act), a service animal is an animal trained to do specific tasks for an individual with a disability. A service animal under the housing law in Maryland is a dog (and sometimes a miniature horse), but one that is not trained to provide only emotional support/well-being/companionship/comfort.
Psychiatric Service Dog (PSD): This is a service dog that is specifically trained to assist individuals with a psychological disability. The duties could be to interrupt an episode of panic attacks, administer deep pressure therapy, or provide medication reminders.
Generally speaking, service dogs have public access while ESAs do not.
Maryland Emotional Support Animal Laws at a Glance
Maryland’s protection includes:
- The Fair Housing Act (FHA) – a federal law that makes it illegal to discriminate in housing on the basis of disability and mandates reasonable accommodation.
- The Maryland Fair Housing Act (Title 20 Subtitle 7 State Government Article), which makes it illegal to discriminate in housing based on disability and mandates reasonable accommodations that are required for equal use and enjoyment of the dwelling.
- ESA accommodation request analysis guidelines issued by MCCR.
- The service animal protection laws in Maryland (Human Services Article, Title 7, Subtitle 7), which protect service animals and not ESAs.
Complaints regarding local fair housing laws can be made to the county or city human rights agencies in Baltimore and Montgomery County.
ESA Housing Rights in Maryland
How Reasonable Accommodations Work
Under federal and Maryland law, housing providers must consider reasonable accommodations for people with disabilities. One potential accommodation is the presence of an ESA in the residence, even in a building with a “no pets” policy.
In practice, an ESA owner can ask a landlord to:
- Allow the animal despite a no-pets rule
- Make an exception to breed or weight limits
- Waive pet deposits, pet rent, and pet fees
You can request at any time, including after you already live in the unit. You don’t have to raise it at the time of your rental application.
Which Housing Is Covered?
Generally covered:
- Most rental housing, including apartments, condos, and many rented houses
- Many HOA communities
- Student housing, including dorms and university apartments
Federal exemptions (limited):
- Owner-occupied buildings with four or fewer units
- Single-family homes sold or rented by the owner without a broker
- Certain housing run by religious organizations or private clubs for their members
State law has its own scope, so check how it applies to your situation.
What Can a Maryland Landlord Ask For?
Per MCCR, the housing provider is allowed to request proof from a medical professional that verifies two things:
- You have a disability, and
- The therapeutic value the animal has in reducing the impact of your disability.
Housing providers are prohibited from inquiring about the nature and degree of the disability, requiring the release of your medical records, or conducting an exam. A collar, vest, or tag by itself cannot serve as proof of an emotional support animal.
However, the landlord can inquire about the animal itself. According to MCCR, acceptable inquiries include whether it is house trained, its size, weight, breed and species, if it poses danger to people or other animals, if it has a history of injury or damage, and if you are capable of caring for and controlling the animal.
Internet and Telehealth Letters in Maryland
This is an aspect where Maryland seems to be more sophisticated compared to what most of the guides recommend. MCCR notes that documentation from the internet may be adequate at times:
- There are companies which offer a “rubber stamp” certification for virtually any animal as an ESA, and it is normally okay to refuse such requests.
- It is recommended that housing providers confirm that the documentation has been made by the health care professional with a legitimate business relationship with the individual and confirms the health benefits of keeping an ESA.
- The mere fact that the letter has been made online or through telemedicine does not mean that it is not credible.
In other words, it is the evaluation made by the qualified provider that matters, no matter the mode of delivery.
When a Maryland Landlord Can Say No
Housing providers do not have to approve all ESA requests. According to MCCR, a request is considered unreasonably denied if:
- It creates a significant burden for the housing program or the housing provider, which must be real and substantial and not speculative
- It significantly changes the housing program or unit
- There is an individualized determination that the particular animal presents a direct threat to the health and safety of others based on that animal’s actual behavior, not speculation
- According to MCCR, such a direct threat determination is extremely rare, and the rejection of an ESA without consideration will almost always constitute illegal discrimination. Even in cases where a request is unreasonably denied, the housing provider is required to make a good faith effort to cooperate with the individual in seeking a reasonable accommodation.
A landlord cannot unreasonably deny an ESA request due to their lack of animal coverage in their insurance policy.
Multiple ESAs
You can request more than one ESA. MCCR says these requests are presumptively neither reasonable nor unreasonable and should be evaluated on their merits. It can help to explain why each animal is needed.
Pet Fees and Deposits in Maryland
This is where the guidance offered by MCCR comes into play. The housing provider cannot levy any kind of fees, deposits, or any monetary penalties in connection with the ESA. If the landlord usually charges tenants for their pets, it will not apply in the case of an ESA.
What the landlord can do is charge you for any damage that the animal has caused, and that too within their damage policy, as they do with any other tenant.
The 2026 HUD Change: What It Means in Maryland
On May 22, 2026, the U.S. Department of Housing and Urban Development (HUD) rescinded its 2020 guidance on emotional support animals. HUD said it will assess complaints using the ADA’s training standard, which means it is far less likely to pursue complaints about untrained ESAs.
MCCR responded by issuing new guidance stating that Maryland’s disability housing protections remain in effect, and that it will keep evaluating accommodation requests on their individual circumstances under Maryland law.
For Maryland tenants:
- Maryland law is a separate layer. MCCR enforces it independently of HUD.
- MCCR’s guidance on fees remains a strong tool, though guidance isn’t the same as a statute, so landlords can still push back.
- Private lawsuits under the Fair Housing Act remain available, generally within two years.
- Landlords may still cite the federal change. If yours does, point to MCCR’s guidance.
What to Do If Your Request Is Denied
- Ask for the reason in writing.
- Review your documentation. Make sure it’s recent, signed, and from a licensed provider with a genuine relationship with you.
- Offer reasonable solutions, such as agreeing to follow rules about noise, waste, and supervision.
- File a complaint. You can contact the Maryland Commission on Civil Rights, your county or city human rights office, or HUD. Deadlines apply, so don’t wait too long.
- Consider legal advice. A housing attorney or fair housing organization can explain your options.
ESA Letter vs. Registration or Certificate
This is where most people end up losing their money.
There is no registered ESA program in Maryland or any other place in the United States. Neither certificates nor ID cards or any type of vest or even “registration number” purchased on the internet has any validity according to MCCR, and neither does the collar, vest, or tag itself.
The only thing that the landlord needs is the ESA letter from a legitimate provider after your evaluation.
What a Legitimate ESA Letter Typically Includes
- The provider’s name, license type, license number, and signature
- The date the letter was issued
- A statement that you have a disability
- A statement that the animal provides a therapeutic benefit that eases symptoms of your disability
- Contact information so a landlord can verify the letter if needed
- A good letter doesn’t need to disclose your diagnosis. Many landlords prefer a recent letter, so keep yours current.
Red Flags to Avoid
- “Instant approval” with no live evaluation
- Sellers pushing certificates, registration, or vests as the main product
- Providers with no real relationship to you
- Letters with no license or contact information
How to Get an ESA Letter in Maryland
- Complete an assessment. Share how your condition affects you and how an animal supports you.
- Meet with a licensed professional. A clinician licensed to practice in Maryland evaluates whether an ESA is appropriate for you. This can often be done through telehealth. Reputable providers never guarantee approval, because an honest evaluation comes first.
- Receive your letter. If you qualify, you’ll get documentation to share with your landlord.
If you don’t already have a therapist, Healify Clinic can connect you with licensed mental health professionals who review your situation and provide ESA documentation when you qualify, with no registry gimmicks.
ESAs in Maryland Student Housing
Maryland colleges and universities generally treat ESAs as a housing accommodation under fair housing law. Students typically need to:
- Submit documentation from a licensed provider
- Receive approval before the animal moves in
- Follow campus rules on vaccinations, cleanliness, and behavior
Approval usually covers your residence only, so your ESA generally can’t come to classrooms, libraries, or dining halls. Roommates may be consulted. Contact your school’s disability services or housing office early, since processes and deadlines vary.
Can You Take Your ESA to Work in Maryland?
Not by right. Employers in Maryland aren’t required to allow ESAs, and the ADA doesn’t treat an ESA as a service animal. MCCR’s ESA guidance covers housing only and doesn’t address employment. An ESA letter doesn’t give you workplace rights.
Under the ADA and Maryland law, employers must consider reasonable accommodations for qualified employees with disabilities through an interactive process. Some employers may agree to an ESA, but they aren’t required to. If you want to ask:
- Make your request in writing and explain how the animal helps you do your job.
- Offer solutions, such as a private workspace or a trial period.
- Expect questions about behavior, allergies, and coworkers’ comfort.
- Know the limits. Employers can set rules for settings like food service, healthcare, or industrial work.
Public Access: Where ESAs Are and Aren’t Allowed
These are laws that have been formulated for the protection of public access rights of ESAs in the United States. The ADA does not mandate restaurants, stores, hotels, movies, or other public facilities to allow access to ESAs.
There are some companies that are pet-friendly and may allow your dog just like any other pet. However, an ESA letter will not be of much use to you here, as in case your ESA misbehaves there, it will not be allowed. State parks will consider your ESA a pet only.
Flying With an ESA From Maryland
Since 2021, federal rules no longer require airlines to treat ESAs as service animals. Only trained service dogs qualify under the Air Carrier Access Act. Most airlines now treat ESAs as regular pets, so your animal may need to travel in a carrier under the seat, must meet size limits, and may incur a pet fee. An ESA letter doesn’t guarantee cabin access.
If you’re flying out of BWI, Reagan National, or Dulles, review your airline’s pet policy before booking. Buses, trains, and other carriers usually treat ESAs as pets too. For service dogs, airlines may require a U.S. DOT service animal form.
Flying With an ESA From Maryland
Starting in 2021, federal regulations don’t mandate that airlines classify ESAs as service animals anymore. Only trained service dogs qualify as service animals per the Air Carrier Access Act. Therefore, airlines consider most ESAs as regular pets, meaning that your animal will need to be carried in a box under the seat, will have size requirements, and could be subject to a pet fee. The ESA letter does not guarantee cabin access.
Misrepresenting an ESA or Service Animal in Maryland
Fraudulently claiming that your pet is a service animal has consequences, including being denied access to premises. To get the penalties applicable now, you will need to refer to the Maryland Code. The general principle is to be truthful with your provider and not misrepresent an ESA as a service animal.
Even a vest or wording to show this will only bring trouble and disadvantages to those using genuine service animals.
Your Responsibilities as an ESA Owner
Rights work best when paired with good habits. Under Maryland law, the owner of an animal is generally liable for injury or damage it causes. Landlords are also far more cooperative with tenants who:
- Keep their animal under control in common areas
- Clean up after the animal promptly
- Keep vaccinations and local licensing current
- Address noise and behavior problems quickly
- Pay for damage the animal causes
- Respect neighbors, including those with allergies
Tips for a Smooth Housing Request
- Tell your landlord early, though you can ask at any time, even after you move in.
- Put your request in writing and attach your ESA letter.
- Be ready for questions about the animal itself, such as house training and behavior.
- Cite MCCR’s guidance if a landlord asks for fees or says the federal rules changed.
- Choose an animal that fits your home. Size, noise, and species all affect how reasonable a request seems.
- Keep copies of everything.
- Stay courteous. Most disputes resolve when both sides understand the rules.
Final Thoughts
These Maryland ESA regulations essentially boil down to the following facts. You have protection only in your housing under the federal Fair Housing Act and the Maryland Fair Housing Act. The Maryland Commission on Civil Rights has made its stance very clear about landlord policies of charging any fee for an approved ESA. There are no automatic ESA rights in workplaces, public spaces, and airlines. What actually makes the difference is a legitimate letter from a professional that really has something to do with you.
If an emotional support animal is part of your mental health care, start with the right paperwork. You can begin at Healify Clinic’s ESA letter page.
Frequently Asked Questions
1. Does Maryland have its own ESA law?
No stand-alone ESA statute. ESA housing rights come from the federal Fair Housing Act and the Maryland Fair Housing Act. The Maryland Commission on Civil Rights publishes guidance on how it handles ESA accommodation requests.
2. Do I need to register my ESA in Maryland?
No. Maryland and the federal government have no ESA registry or certification. Online certificates, vests, and tags carry no legal weight. A letter from a licensed provider with a genuine relationship to you is what landlords look for.
3. Can a Maryland landlord charge pet fees for my ESA?
Generally no. According to MCCR’s guidance, housing providers may not charge fees, deposits, or other financial charges because of an ESA, including request-processing fees. You can still be charged for actual damage the animal causes.
4. Can a landlord deny my ESA in Maryland?
For limited reasons. The landlord can turn down such requests if the request would place the landlord into undue hardship, substantially alter the nature of housing, or where the particular animal constitutes an actual threat. Such blanket denials or discrimination based on a breed is illegal. You may contact the Maryland Commission on Civil Rights.
5. Are internet ESA letters accepted in Maryland?
Sometimes. According to MCCR, while “rubber stamping” may justifiably be questioned, there’s no inherent illegitimacy to an online or telehealth letter. The landlord can verify whether you had a legitimate relationship with the provider issuing the letter.
6. Can I bring my ESA to restaurants, stores, or work in Maryland?
Not necessarily. Access laws protect only service animals, not ESAs. Employers are not obligated to accommodate your animal. However, some may agree to this voluntarily.
