Maryland service dog laws: Everything your association or building should know

What is a service dog?

Maryland state law defines a “service dog” as a dog individually trained to do work or perform tasks for the benefit of an individual with a disability.
 

What is an assistance animal?

The U.S. Department of Housing and Urban Development (HUD) defines an assistance animal as “an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability.” An assistance animal is not a pet.
 

What is an emotional support animal?

In housing, an emotional support animal is an assistance animal that provides emotional support that alleviates one or more identified effects of a person’s disability. Unlike a service dog, it isn’t defined by task-based training.
 

Do pet rules apply to assistance animals?

Pet rules like pet fees, deposits, and “no pets” restrictions typically do not apply to assistance animals, including service dogs and emotional support animals. Service dogs are generally treated as working animals rather than pets, while emotional support animals are treated as housing accommodations. However, owners must still follow community behavior standards.
 

What questions can an HOA ask about a service dog?

Under the federal Fair Housing Act, an HOA may request reliable information only if the disability and the disability-related need for the animal are not apparent to confirm (1) the resident has a disability and (2) there’s a disability-related need for the animal. Associations should not ask for a diagnosis or detailed medical records.
 

Can an HOA require training records for a service dog?

Service dogs are not required to complete a specific training program. An HOA cannot demand certificates or proof of enrollment in a school. The resident may be asked to describe what assistance the dog provides. Staff training at the association level helps reduce misunderstandings about these rules.
 

What documentation can an HOA request for an emotional support animal?

Under the federal Fair Housing Act, an HOA may request reliable documentation when the disability or need is not apparent. This often involves a note from a person’s licensed health care professional confirming the resident’s disability and/or disability-related need for the animal. Associations should not request medical records or treatment plans.
 

Can an HOA deny a service or emotional support animal?

An HOA might be able to deny an accommodation when:

• The animal presents a direct threat that can’t be addressed with reasonable accommodations
   
• The animal would cause significant physical damage to others’ property
   
• Approving the request would create an undue administrative or financial burden
   
• Approving the request would fundamentally alter the association’s operations.

Denial is only permitted after an individualized assessment under federal housing standards.
 

Are assistance animals allowed in common areas?

Generally, assistance animals are allowed in public or common-use areas like hallways, lobbies, and building amenities.
 

Can an HOA require special tags or identification for service dogs?

Generally, HOAs are not allowed to require special identification for service dogs. Maryland issues orange service dog tags through local licensing agencies, but it’s typically not something an HOA can require as a condition of access.
 

What responsibilities do owners have for assistance animals?

Owners must control their animals, clean up after them, and prevent property damage. Communities may document repeated incidents and request corrective action when behavior problems arise.
 

How should HOAs handle complaints about an assistance animal?

An HOA should document concerns and evaluate the situation with help from an attorney to support compliance with applicable state and federal laws. HOA complaints about animals often involve noise, off-leash behavior, or repeated waste issues. A fair review process protects all residents and helps resolve problems while honoring legal accommodation rights.
 

What training should community staff receive?

Staff benefit from training on state and federal housing requirements related to assistance animals. Training helps employees respond consistently when residents ask questions or submit requests. It also helps property management teams avoid improper documentation demands, inappropriate refusals, or other practices that could lead to disputes.
 

How should associations store documentation?

Associations should store assistance-animal documentation with the same care used for other confidential housing records. Housing rules limit the personal information an HOA may request. Systems that control access to sensitive records help protect both the resident and the association.
 

Tips for boards handling assistance animal requests

Community associations can support residents and comply with fair housing requirements by following a clear, consistent process when reviewing assistance animal requests. The points below highlight helpful practices for boards and management teams.

• Review requests promptly: Acknowledge receipt, communicate next steps, and document all correspondence. Timely responses help prevent misunderstandings and support compliance.
   
• Request appropriate documentation: Boards may be able to request documentation to confirm how the animal would support the resident. Use simple, consistent procedures and avoid asking for unnecessary medical details.
   
• Keep information confidential: Store documentation securely and limit access to those involved in the review. Do not discuss medical information informally with residents.
   
• Apply rules consistently: A written policy that outlines evaluation steps and timelines helps promote fairness and reduces the risk of disputes. Consistent processes also support the board if a decision is later questioned.
   
• Address behavior issues carefully: If an approved animal causes repeated disturbances or safety concerns, focus on the behavior and document incidents clearly. Seek legal guidance before taking further action.
   
• Consult professionals: Property management teams and association attorneys can help boards navigate complex accommodation requests with confidence.

About FirstService Residential

FirstService Residential supports Maryland community associations with guidance on compliance, operations, and resident communication. Our teams help boards navigate assistance-animal requirements and daily management needs. With local expertise and national resources, we help communities run smoothly and stay ahead of changing requirements.

Contact a member of our team today to learn more.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.