Maryland laws around Emotional Support Animals

Member since 2022 · 9 posts · 3 votes

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.

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Dan H.Pro Member

Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes

10mo

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

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Peter MckernanBusiness Member
Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
10mo
If this is a certified pet that is an ESA, you cannot charge any extra in rent or security deposit. Even if the tenant had a dog moved in and then gets a cert for their pet as an ESA you need to credit them back the security deposit and drop the extra rent as I was told by a real estate attorney. It's a fair housing law, so it covers all states.
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
10mo
Yes, this is a Federal Law...and this question is asked a lot on here. ESAs are often fraudulent though and there are legal outs for a landlord. Here are some reasons to deny an ESA (these are even from a pro ESA website)....particularly note the final one - if you rented the unit yourself, you are automatically exempt.
1. Undue Financial or Administrative Burden
  - If the cost of accommodating the ESA is excessively high or logistically impossible.
  - Example: Modifying an entire building for one tenant’s ESA.
2. Direct Threat to Health or Safety
  - If the animal poses a real, proven danger to other tenants or staff.
  - Example: A dog with a documented history of biting people.
3. Significant Property Damage
  - If the ESA causes repeated and severe property destruction.
  - Example: An ESA that has destroyed walls or flooring in multiple incidents.
4. Invalid Documentation
  - If the ESA letter is fraudulent, outdated, or not issued by a licensed healthcare professional.
5. Exempt Housing Situations
  - Certain housing types are not covered by the FHA, such as:
    Owner-occupied buildings with four or fewer units.
    Single-family homes rented without a broker.
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- Peter MckernanBusiness Member
  Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
  10mo
  If you have issues with the tenant too for example the dog/pet is disturbing the neighborhood/HOA complaints, this could be an out. There is a unit that our company manages and the tenant has had a couple complaints by other residences in the HOA which has resulted in a notice by the HOA. This might be a reason to get the tenant out. Check with an attorney as well.
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Tim WiesemannPro Member
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Member since 2022 · 9 posts · 3 votes
10mo
Thanks! I know there are rules about what I can ask about Service Animals, but what can I ask for about ESAs to see if it has whatever it needs to fall under that ADA / FHA requirements?

@Peter Mckernan

@Peter Mckernan
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- Bruce WoodruffPro Member
  Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
  10mo
  Quote from @Tim Wiesemann:
  
  Thanks! I know there are rules about what I can ask about Service Animals, but what can I ask for about ESAs to see if it has whatever it needs to fall under that ADA / FHA requirements?
  
  @Peter Mckernan
  
  @Peter Mckernan
  Just check out the items I listed above. If they work, they work. If they don't, you must allow the dog.
  1 Reply
- Steve K.
  Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
  10mo
  Quote from @Tim Wiesemann:
  
  Thanks! I know there are rules about what I can ask about Service Animals, but what can I ask for about ESAs to see if it has whatever it needs to fall under that ADA / FHA requirements?
  
  You can verify that the tenant has a disability requiring an ESA. You can not ask about the nature of the disability itself other than that it requires an ESA. You can ask the tenant to provide the ESA letter from their local mental health professional. You can call the local mental health professional to verify that they are indeed a local mental health professional who has an ongoing relationship with the tenant, and that they are actually qualified to write a prescription for an ESA, and that the tenant actually has a disability requiring an ESA (again you cannot ask about the nature of the disability itself, just that one exists). If none of that checks out and the tenant just bought an ESA letter online or fabricated the letter like many tenants do, then personally I would consider that a lease violation and would respond according to what it says in your lease about pets/ lease violations.
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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
10mo
Quote from @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.

No where in the country can you charge for an ESA. Fair Housing Amendments Act of 1988.
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Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
10mo
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
3 Reply
David PeschioBusiness Member
Richmond, VA · Member since 2019 · 358 posts · 181 votes
10mo
We also use petscreening.com. It allows us to stay out of the process. Any wrong questions can be costly and also this weeds out the bogus applications. Also, make sure on your lease you list as an occupant (just like a child) and not a pet.
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