MCCR Issues Emotional Support Animal Guidance Following Change in Federal Fair Housing Enforcement
Commission Clarifies That Maryland’s Disability Housing Protections Remain in Effect
In response to recent enforcement guidance issued by the U.S. Department of Housing and Urban Development (HUD), the Maryland Commission on Civil Rights (MCCR) today issued new guidance clarifying the rights and responsibilities of Maryland residents and housing providers regarding emotional support animals (ESAs).
On May 22, 2026, HUD announced a significant change in federal enforcement priorities for animal-related reasonable accommodation complaints. Under the new policy, HUD’s Office of Fair Housing and Equal Opportunity will generally find reasonable cause and recommend charges only in cases involving animals individually trained to provide disability-related assistance.
MCCR is issuing its guidance to make one point unmistakably clear: a change in federal enforcement policy does not eliminate protections provided under Maryland law. Click here to read the guidance.
The Maryland Fair Housing Act requires housing providers to make reasonable accommodations when necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling. Under MCCR’s interpretation and enforcement of Maryland law, such an accommodation may include an emotional support animal, even when the animal has not been individually trained to perform a specific task.
Federal enforcement priorities may change, but Maryland’s commitment to protecting the civil rights of people with disabilities has not,” said MCCR Executive Director Cleveland L. Horton II. “Marylanders deserve to know where they stand. Our message is simple: Maryland law matters, Maryland protections remain, and this Commission will continue to enforce the law entrusted to us.”
MCCR’s guidance provides practical information for tenants, housing providers, property managers, real estate professionals, and advocates, including how ESA requests should be evaluated, permissible documentation, fees and deposits, breed restrictions, direct-threat determinations, and the obligation to engage in an individualized assessment.
The guidance makes clear that housing providers may not simply adopt blanket policies rejecting emotional support animals. MCCR will continue to evaluate accommodation requests based on their individual circumstances and the requirements of Maryland law.
Horton added:
This is precisely why state civil rights enforcement matters. When the landscape changes around us, we cannot allow confusion to become a barrier to justice. We have a responsibility to educate people about their rights, provide clarity to those who must comply with the law, and stand in the gap when protections are threatened or uncertain. Marylanders should never have to guess whether their civil rights still matter. They do—and MCCR will continue to show up to protect them.”
The Commission encourages Maryland tenants, housing providers, real estate professionals, and advocates to review the new guidance and understand their rights and responsibilities under Maryland law.