Service vs Emotional Support Animals: Maryland Renters’ Guide

Renters in Maryland often have questions about their rights when it comes to having a service animal or emotional support animal in their home. Understanding these distinctions is crucial, especially if you need an accommodation or face resistance from your landlord. This guide explains how Maryland law and federal rules protect renters with disabilities and what steps you can take to request reasonable accommodations.

Your Rights: Service Animals vs. Emotional Support Animals in Maryland

Both federal and Maryland laws outline specific protections for renters with disabilities who rely on animals. Knowing the differences between service animals and emotional support animals (ESAs) is key to asserting your rights and fulfilling any responsibilities you may have as a tenant.

What Is a Service Animal?

• Definition: A service animal is a dog (and, in specific cases, a miniature horse) trained to perform specific tasks for a person with a disability.
• Examples: Guiding someone who is blind, alerting a person who is deaf, pulling a wheelchair, or alerting and protecting a person during a seizure.
• Legal Protections: Covered under the federal Americans with Disabilities Act (ADA requirements for service animals) and the Fair Housing Act.
• Maryland Law: Maryland law (see Md. Code, Real Property § 8-213) provides additional protections for tenants with disabilities who use service animals.

What Is an Emotional Support Animal?

• Definition: An emotional support animal (ESA) is an animal that provides comfort or support for a person’s mental health condition, but does not need special training.
• Legal Protections: ESAs are not protected by the ADA but are covered under the Fair Housing Act, which requires landlords to make reasonable accommodations. See HUD’s guidance on service and support animals in housing.
• Documentation: A letter from a licensed healthcare provider is usually required to qualify for an ESA accommodation.

In summary, service animals are specifically trained dogs (or miniature horses), while emotional support animals can be almost any species and do not require specialized training.

Maryland Renters’ Protections and Landlord Responsibilities

• Landlords must make reasonable accommodations for both service animals and ESAs, even with “no pets” policies, if requested properly.
• Landlords cannot charge pet fees or deposits for service animals or ESAs but may charge for damages caused by these animals.
• Under Maryland Real Property § 8-213, you cannot be denied housing or evicted for lawful use of a service animal, as long as you follow proper procedures.

It’s illegal for landlords to ask for detailed medical records or insist on extra certifications for service animals.

Requesting an Accommodation: Forms and Steps

If you need a service animal or ESA in your Maryland rental unit, you must request a reasonable accommodation. Here’s how you can do this:

Required Documentation and Forms

• Fair Housing Reasonable Accommodation Request Form
  Maryland Commission on Civil Rights: Reasonable Accommodation Request Form
  • When to Use: Submit this form to your landlord to formally request the ability to have a service animal or ESA. For example, if your lease says “no pets,” you would use this form to request an exemption.
  • How to Use: Complete the form, attach supporting documentation (such as a note from your medical provider for an ESA), and deliver it to your landlord in writing.
• Supporting Documentation
  • For a service animal: You may self-certify that your dog is trained for specific tasks; no special form is required.
  • For an ESA: You need a letter from a licensed healthcare provider stating your need for the animal.

If your landlord denies your request, you can file a complaint with the Maryland Commission on Civil Rights (MCCR).

What If My Landlord Refuses My Request?

If you believe you have been discriminated against, the MCCR is the official tribunal that oversees housing discrimination cases, including disability accommodation disputes. You can also consult HUD’s housing discrimination complaint resources for federal-level complaints.

Maryland Tenancy Laws and Protections

Maryland’s main housing law is found in Md. Code, Real Property § 8-213. This law, alongside the federal Fair Housing Act, protects your right to reasonable accommodations for disabilities. Violations can result in penalties against landlords, and you may be entitled to stay in your home with your assistance animal if you follow proper procedures.

FAQ: Maryland Service and Support Animals

1. Can my Maryland landlord refuse my service animal?
   No. Landlords cannot refuse a legitimate service animal, even with a no-pet policy, as long as the request is reasonable and necessary for your disability.
2. Does my emotional support animal need special training?
   No special training is required. However, a letter from a licensed healthcare provider documenting your need is usually necessary.
3. Can my landlord charge me extra for my assistance animal?
   No pet deposits or extra rent are allowed, but you’re responsible for any animal-caused damage.
4. What’s the difference between a service animal and an ESA?
   Service animals are trained for specific tasks, typically dogs, and covered by the ADA and Fair Housing Act, while ESAs provide emotional comfort and are covered only by the Fair Housing Act.
5. How do I file a complaint if I’m denied a reasonable accommodation?
   You can file with the Maryland Commission on Civil Rights (MCCR) online, by mail, or in person. See the official housing complaint page for instructions.

Conclusion: Key Takeaways for Maryland Renters

• Both service animals and emotional support animals are protected under law for renters in Maryland, but they’re treated differently.
• You can request an accommodation using the official form and by providing necessary documentation.
• Help is available if your landlord denies your request—reach out to Maryland’s official housing agencies.

Knowing these distinctions and your rights can ease your renting experience and ensure you and your assistance animal stay protected under Maryland law.

Need Help? Resources for Renters

• Maryland Commission on Civil Rights Housing Discrimination Resources (MCCR) – Official tribunal for housing discrimination and accommodation complaints
• U.S. Department of Housing and Urban Development (HUD) – File a Fair Housing Complaint
• Request for Reasonable Accommodation: Maryland Form
• Maryland Residential Tenancy Law (Real Property § 8-213)

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1. Maryland Code, Real Property § 8-213
2. HUD Guidance on Reasonable Accommodations under the Fair Housing Act
3. Maryland Commission on Civil Rights – Housing Complaints
4. MCCR Reasonable Accommodation Request Form
5. ADA Requirements: Service Animals

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