Finding an apartment in Maryland can be challenging because landlords have specific rules tenants must follow. One of them is banning pets from the premises. This rule can be a hassle, especially if you have an Emotional Support Animal (ESA).
Understanding state and federal laws regarding ESAs is essential in protecting your rights as a tenant.
Why an ESA is not a pet
Under the federal Fair Housing Act (FHA), ESAs are assistance animals, not pets. As a result, landlords must provide reasonable accommodations for people with disabilities. Allowing an ESA gives a person with a disability an equal chance to enjoy their home.
Maryland law echoes these protections. If a housing provider refuses to follow these rules, they are breaking the law. They are discriminating against you, and that is illegal.
What a landlord can and cannot do
The FHA allows landlords to request documentation only if the disability or the need for an ESA is not readily apparent. They can ask for a letter from a licensed health care professional confirming that you have a disability that requires an assistance animal. However, they cannot ask for specific medical records, a detailed diagnosis or a demonstration of what the ESA does for you.
Additionally, it is unlawful for landlords to charge you pet deposits or monthly pet rent. They also cannot deny your ESA just because it is a specific breed, unless the specific animal poses a documented direct threat.
Taking action against injustice
If your landlord continues to harass you or denies your request despite valid documentation, they are violating your civil rights. Seeking legal counsel can offer insights on protecting yourself from discrimination.