Maryland laws around Emotional Support Animals

[Tim Wiesemann]

I'm trying to stay up to date and compliant with Maryland landlord/tenant laws.  I have a tenant that just let me know that she got an emotional support dog.  Historically, I charged $50/month to tenants as pet rent.  I know MD changed some laws recently.  Can I still charge pet rent?  Can I charge for an emotional support dog?  To add another layer of complexity, this is a Section 8 tenant.  So, how does that impact what I can/can't do.

[Dan H.]

There are a lot of tenants with bogus ESAs.   My goal is to encourage those with bogus ESAs to apply for someone else’s units.

We use PetScreening.com.   They supposedly filter out some bogus ESAs.   My personal view is that they do a poor job at this.   However, if the perspective tenants believe they do a good job, they are not going to apply and pay the application fee with a real chance they get rejected for a bogus ESA.

In addition, PetScreening.Com keeps track of the animals vaccinations ensuring the animals have the required vaccines.

In California, we have an additional law to try to discourage bogus ESAs (AB468).   It has FINANCIAL penalties to any health provider that provides a bogus ESA authorization and the individual trying to claim a bogus ESA.  It also establishes criteria for the health professional (must have active license in CA) and to have a minimum 30 day professional relationship with the tenant.  It also has requirements for the actual ESA authorization.

Our lease has a fairly high unauthorized animal fee.   If the tenant introduces an animal, it is an unauthorized pet until it can get a legit ESA certification and go through my verification of valid ESA process which requires a minimum of 30 days per AB468.   It will cost the tenant a minimum of $3k if they obtain the pet then start the ESA process.

These processes are 1) to discourage bogus ESAs 2) ensure the rules are followed.

The tenants with bogus ESAs are encouraged to apply elsewhere.

good luck