Maryland Emotional Support Animal Laws 2026: A Comprehensive Guide

In Maryland, tenants with emotional support animals enjoy legal protection under the Fair Housing Act. This act ensures that landlords are obligated to make reasonable accommodations for individuals who require emotional support animals, even if their policies prohibit pets. ESAs are considered assistance animals, and landlords must allow reasonable requests, including waiving “no pet” policies.

• Obtain an ESA letter: A licensed mental health professional must provide you with documentation confirming the need for an ESA.
• Submit your request in advance: Present the valid documentation from a licensed mental health professional in Maryland along with a request for reasonable accommodation to your landlord.
• Know your rights: Be proactive and assert your right to live with your emotional support animal under the FHA.

In recent years, federal changes to the Air Carrier Access Act (ACAA) have modified travel rules for emotional support animals. ESAs are now treated like pets when flying, meaning airlines have the right to charge pet fees and enforce regular pet policies.

As a result, emotional support animals no longer receive automatic in-cabin access as they did before the 2021 changes. This means pet size, behavior, and documentation will all determine eligibility, and fees for pets now apply.

• Public Access: ESAs have limited access to public spaces in Maryland because they are not categorized as service animals under the Americans with Disabilities Act (ADA). Therefore, Maryland ESA laws do not grant automatic access to restaurants, stores, or other public venues, except when explicitly allowed by individual establishments.
• Workplace: Under the ADA’s general provisions, employees with mental health conditions may request accommodations, which could include bringing an emotional support animal to work. Maryland employment regulations (COMAR 14.03.02) prohibit discrimination based on disabilities. While ESAs are not automatically allowed as service dogs, employers must engage in an active process to check whether the ESA falls under reasonable accommodation.

  Whether an employer agrees to an ESA request depends on several factors, including the animal’s behavior and any operational issues the accommodation may cause.Employers can refuse accommodation if an ESA presents significant workplace issues such as disrupting work or creating a safety hazard. Having a direct conversation with your employer about the request and how the animal will positively impact your mental health can help facilitate an understanding.

Unlike some other states in the US like Virginia or Florida, Maryland does not have a specific criminal statute penalizing the misinterpretation of an emotional support animal. Maryland Human Services Code § 7-705 penalizes those who do not allow access to service animals but does not currently criminalize the misrepresentation of an ESA. In

Maryland, misrepresentation of a pet as an ESA would lead to lease termination, eviction and civil liability. It’s crucial that all ESA claims are backed by legitimate documentation from a qualified mental health professional. Legal safeguards exist to ensure only those who truly benefit from emotional support animals can request accommodations.

• The Annapolis Maritime Museum (Annapolis): Dog-friendly museum allowing access to ESAs in outdoor areas.
• The Greenbelt Park (Greenbelt): An expansive park perfect for walks with your emotional support animal.
• Fells Point (Baltimore): Many cafes and shops offer ESA-friendly policies in this historic district.
• Black Ankle Vineyards (Mt. Airy): An exquisite winery with outdoor seating areas where ESAs are invited to join you.
• Federal Hill Park (Baltimore): This urban park allows for great outdoor spaces for enjoying the company of your ESA.