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Maryland ESA Laws: What Tenants Need to Know in 2026
Maryland ESA laws protect emotional support animal owners under both the federal Fair Housing Act (FHA) and the state's Fair Housing Law. These laws require landlords to accommodate a valid ESA letter, even in a no-pet building, and prohibit pet deposits, pet rent, and breed or weight restrictions for an ESA.
In May 2026, HUD narrowed how it enforces ESA housing complaints, but the Fair Housing Act (FHA) itself did not change. The Maryland Commission on Civil Rights (MCCR) continues to enforce housing protections independently.
This guide was prepared by the RealESALetter.com editorial team, which tracks ESA law changes across all 51 states.
What the Fair Housing Act Requires of Maryland Landlords
Maryland landlords must accept a valid ESA letter, even in a no-pet building, and cannot charge pet deposits, pet rent, or apply breed restrictions.
- Must accommodate valid ESA letters in no-pet buildings, including condominiums and homeowner association properties
- Cannot charge pet deposits, pet rent, or surcharges for an ESA
- Cannot apply breed, size, or weight restrictions
- Must respond to a reasonable accommodation request rather than ignore it
- Can only deny if the animal poses a direct, documented safety threat or causes substantial property damage, which is a high legal bar
- Cannot request medical records, a specific diagnosis, or proof of training
Maryland-Specific ESA Laws
Maryland does not have a standalone ESA statute, so emotional support animals are protected through the reasonable accommodation requirement in Maryland's Fair Housing Law (State Government Article, Title 20, Subtitle 7) and the federal Fair Housing Act.
The governing provision is § 20-706, which requires housing providers to make reasonable accommodations for people with disabilities. Maryland's Fair Housing Law defines a service dog to exclude animals that provide only emotional support, well-being, comfort, or companionship, so ESAs are protected through the general accommodation duty rather than the service-dog provisions.
In practice, Maryland law and the federal Fair Housing Act point to the same result: a landlord must accommodate a valid ESA letter and cannot charge pet fees for the animal.
RealESALetter.com letters are prepared by state-licensed Maryland therapists in compliance with Maryland's Fair Housing Law (State Government Article § 20-706) and the federal Fair Housing Act.
What HUD's May 2026 Enforcement Change Means for Maryland Tenants
On May 22, 2026, HUD announced it will no longer pursue ESA housing complaints where the animal is not individually trained to perform disability-related tasks.
The Fair Housing Act statute has not changed. Congress did not act. This is an enforcement posture change, not a law change.
The Maryland Commission on Civil Rights continues to enforce Maryland and federal housing protections independently of HUD. State enforcement is fully active and is now the primary path for Maryland tenants.
Private litigation is still available, and tenants can sue in federal or state court within two years of a discriminatory act. A genuine clinical evaluation from a state-licensed therapist is now more important than ever as the foundation of a valid accommodation request.
How to File an ESA Housing Complaint in Maryland
The Maryland Commission on Civil Rights is the primary enforcement body for ESA housing complaints in Maryland.
- Visit the Maryland Commission on Civil Rights to file a complaint inquiry within one year of the discriminatory act, which is Maryland's deadline for housing complaints.
- Submit your complaint online, by mail, or in person, with no attorney required.
- Provide your ESA letter and a written record of the landlord's refusal or fee demand.
As a secondary option, federal complaints can be filed with HUD at 1-800-669-9777, though as of May 2026 the Maryland Commission on Civil Rights is the stronger enforcement path. If agency processes do not resolve the matter, tenants may sue in federal or state court under the Fair Housing Act.
Maryland Penalties for ESA Misrepresentation
Maryland does not have a specific ESA misrepresentation statute. Unlike some states, Maryland has not passed a criminal "fake ESA" law, and fraudulent ESA documentation may instead be addressed through lease termination, eviction, or general civil liability.
A genuine clinical evaluation from a licensed Maryland mental health professional is what makes an accommodation request valid and defensible, which is why legitimate documentation matters more than any registration or certificate.
What Maryland Landlords Can and Cannot Do
| Cannot | Can |
Charge pet deposits, pet rent, or surcharges for an ESA, and apply breed, size, or weight restrictions | Request a letter from a licensed Maryland mental health professional |
Refuse housing solely because of an ESA | Deny if the specific animal poses a direct, documented safety threat |
Demand medical records or diagnosis details | Deny if accommodation creates a genuine undue financial or administrative burden (very high bar) |
Require the ESA to be trained, certified, or registered | Charge for actual property damage caused by the animal |
What Makes an ESA Letter Valid in Maryland?
A valid ESA letter in Maryland must come from a licensed mental health professional with an active Maryland license.
- Written by a licensed mental health professional with an active Maryland license
- States the tenant has a qualifying mental health condition
- States the animal is necessary to alleviate symptoms of that condition
- Printed on official letterhead with the clinician's license number, date, and signature
- Does not need to disclose the specific diagnosis
ESA registrations, certificates, and badges sold online have no legal standing in Maryland or under federal law. The only document that provides housing protection is a Maryland ESA letter from a licensed Maryland mental health professional.
ESA Public Access Rights in Maryland
ESA letters cover housing only, which means Maryland ESAs do NOT have public access rights under the ADA. Airlines are no longer required to accommodate ESAs in the cabin following the 2021 DOT rule change. If you need public access rights and DOT-compliant air travel, a PSD letter covers both with a task-trained dog.
ESA Workplace Rights in Maryland
Maryland law does not require employers to allow emotional support animals in the workplace. An employee may request an accommodation, but the employer decides whether to approve it based on the individual circumstances.
Get Your Maryland ESA Letter
Now that you understand your rights under Maryland ESA law, the next step is a valid ESA letter from a licensed Maryland therapist. RealESALetter.com works with state-licensed Maryland therapists who conduct genuine clinical evaluations.
Get Your Maryland ESA Letter →Frequently Asked Questions About Maryland ESA Laws
Does the Fair Housing Act still protect ESA owners in Maryland after HUD's 2026 changes?
Yes. The Fair Housing Act statute has not changed. HUD narrowed its enforcement posture in May 2026, but the law requiring landlords to accommodate valid ESA letters is unchanged. The Maryland Commission on Civil Rights continues to enforce these protections independently.
Can my Maryland landlord charge pet fees or reject my ESA letter?
Maryland landlords cannot charge pet deposits, pet rent, or surcharges for an emotional support animal, and cannot reject a valid ESA letter without a legally recognized reason such as a direct safety threat, substantial property damage, or genuine undue hardship. Blanket no-pet policies do not override your rights. If your letter is rejected without cause, file a complaint with the Maryland Commission on Civil Rights.
Do I need to register my ESA in Maryland?
No. There is no official ESA registry in Maryland or anywhere in the United States. There is no official ESA registry in Maryland or anywhere in the United States. The only real protection comes from a licensed mental health professional, not a registry, you can start with an ESA letter service from licensed therapists. ESA certificates, badges, and online registrations have no legal standing.
What is the difference between an ESA and a service animal in Maryland?
A service animal is trained to perform specific disability-related tasks and is protected under the ADA, including public access rights. An emotional support animal provides support through companionship and is protected only for housing under the Fair Housing Act. Maryland's Fair Housing Law defines a service dog to exclude animals that provide only emotional support, well-being, comfort, or companionship, so ESAs are protected through the reasonable accommodation requirement instead.
Does Maryland have a law against faking an emotional support animal?
No. Maryland does not have a criminal statute that penalizes ESA misrepresentation, unlike some other states. Misusing an ESA claim can still lead to lease consequences and civil liability, and a housing discrimination complaint in Maryland must be filed within one year of the act. A genuine letter from a licensed Maryland clinician is the foundation of a valid accommodation request.
