ADA & Reasonable Accommodation Rules in Maryland 2026
Service animals, emotional-support animals, and reasonable accommodation duties under the federal Fair Housing Act and Md. Code, State Gov't § 20-705.
Maryland gives disabled renters two distinct rights, and landlords owe two distinct duties. A reasonable accommodation is a change to a rule, policy, or service (waiving a no-pets rule for an assistance animal, reserving an accessible parking space, allowing a live-in aide). A reasonable modification is a physical change to the unit or common areas (grab bars, a widened doorway, a ramp). Both duties run from the federal Fair Housing Act, 42 U.S.C. 3604(f), and Maryland tracks that baseline in State Government 20-705 and 20-706 and in COMAR 14.03.04.07, enforced by the Maryland Commission on Civil Rights.
Maryland does not create a materially higher standard than federal law for accommodations and modifications, but it does spell out several practical points landlords rely on: who pays, when you can require restoration, the escrow mechanism, and the ban on raising a security deposit because a tenant modifies the unit. This page covers what triggers the duty, who bears the cost, how to run the interactive process, and when a denial holds up.
What Maryland Law Adds
Adds sexual orientation, gender identity, marital status, source of income (HB 231, 2020, HOME Act).
Accommodation vs. modification: two different duties
The distinction controls who pays, so keep it straight. A reasonable accommodation under State Government 20-705 is a change to how you run the property: exempting an assistance animal from a no-pets policy, reserving an accessible parking space near the tenant's door, allowing a live-in aide, or accepting rent from a third-party payer or voucher agency. A reasonable modification under State Government 20-706 is a structural change to the premises: grab bars, widening a doorway for a wheelchair, or building a ramp.
Both are triggered the same way. The tenant (or applicant) must have a disability as defined by the Fair Housing Act, and there must be a nexus between the disability and the requested change. The request does not have to use any magic words or cite a statute. Once a tenant asks for something related to a disability, the clock on your duty to respond has started.
Who pays, and the restoration escrow rule
For an accommodation, the housing provider absorbs the administrative cost, which is usually minimal (updating a policy, coding a parking space). For a modification in ordinary private rental housing, the tenant pays. That is the general Maryland and federal rule under State Government 20-706. The exception is federally assisted housing, where the provider generally bears the cost of the modification.
Because the tenant funds the modification, you may protect the unit. Maryland lets a landlord condition permission on the tenant agreeing to restore the interior to its prior condition at move-out, reasonable wear and tear excepted. Under COMAR 14.03.04.07, you may go further and require the tenant to pay estimated restoration costs into an interest-bearing escrow account; the tenant keeps the interest. One firm limit: you cannot raise a disabled tenant's security deposit because of a modification. Escrow is the mechanism the regulation gives you instead.
The interactive process and documentation you can ask for
Maryland and HUD both expect a good-faith interactive process, not a reflexive no. Even when you doubt a request can be granted as written, you are expected to talk it through and look for a workable alternative before denying it. Respond promptly; an unreasonable delay can itself be treated as a denial.
When the disability or the need is not obvious, you may request reliable documentation confirming the disability and the disability-related need for the requested change. You may not demand medical records, a diagnosis, or the details of the condition, and you cannot require a specific provider's form. For an assistance animal, verification of the need is enough; you cannot charge a pet deposit or pet rent for it, and species or breed restrictions in your pet policy do not apply.
When you can lawfully deny a request
The duty is to make reasonable changes, not every change. A denial holds up when: the request has no disability nexus or is not disability-related; granting it would impose an undue financial and administrative burden; it would require a fundamental alteration of your operations; or the tenant would pose a direct threat to others or to property that no accommodation can reduce. Cost alone rarely wins for an accommodation, since those are usually cheap; it carries more weight for elaborate modifications.
Document your reasoning. If you deny, explain why in writing and offer any alternative you can support. A flat denial with no dialogue, or one based on assumptions about the tenant's condition, is the fact pattern that produces liability at the Maryland Commission on Civil Rights and HUD.
New-construction accessibility and enforcement exposure
Accommodation and modification duties apply to existing units. A separate, one-time duty applies to newer buildings. Under State Government 20-706 and COMAR 14.03.04.07, covered multifamily dwellings (buildings of 4 or more units) first occupied after July 1, 1991 had to be designed and built with accessible features: an accessible entrance on an accessible route where practical, accessible common areas, and units meeting ANSI A117.1 and federal Fair Housing Act design standards. If you own or manage a post-1991 building, that baseline access is already required and cannot be treated as an optional accommodation.
A tenant may file with the Maryland Commission on Civil Rights within 1 year of the discriminatory act (MCCR: 410-767-8600, mccr@maryland.gov), or with HUD within 1 year administratively. They may instead sue in federal court within 2 years. Handling the interactive process well and papering your file is the cheapest insurance against all three.
Maryland Service-Animal Misrepresentation Statute
This statute is generally enforced in public-accommodation contexts (restaurants, retail) rather than as part of a landlord-tenant dispute. For housing, the practical landlord defense against a fraudulent ESA claim is to require reliable documentation from a healthcare professional with a therapeutic relationship to the tenant, not to attempt criminal enforcement.
The Cost of Mishandling a Reasonable-Accommodation Request
The most common mistake in Maryland reasonable-accommodation cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more than HUD permits, or imposes a pet fee on an assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied.
Reasonable Modification, Often Confused With Accommodation
Reasonable modification (42 U.S.C. § 3604(f)(3)(A)) is a structural change, a grab bar, a ramp, lowered cabinets. The tenant pays. The landlord must permit the modification and may require restoration to original condition at move-out (except for changes that would not significantly affect re-rental). Reasonable accommodation is a change to a rule or policy. The landlord pays no out-of-pocket cost; the cost is administrative. Maryland follows the federal rule.
City-Level Eviction Risk in Maryland
Reasonable-accommodation litigation rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604(f)(3)(A) and (B); 24 C.F.R. § 100.204; 24 C.F.R. § 180.671 (civil penalties).
- ADA service animals: 28 C.F.R. § 36.302 (Title III, public accommodations).
- HUD guidance: HUD/DOJ Joint Statement on Reasonable Accommodations (May 17, 2004); HUD FHEO Notice 2020-01 (Jan 28, 2020).
- Maryland fair-housing statute: Md. Code, State Gov't § 20-705.
- Maryland misrepresentation statute: Md. Crim. Law § 7-307.
Related Guides for Maryland Landlords
This page summarizes the federal Fair Housing Act (42 U.S.C. 3604(f)), Maryland State Government 20-705 and 20-706, and COMAR 14.03.04.07 as enforced by the Maryland Commission on Civil Rights and HUD. It is general information for housing providers, current as of 2026, and is not legal advice. Deadlines and documentation standards apply to specific facts; confirm any accommodation or modification decision, or a denial, with a Maryland fair-housing attorney or the MCCR before acting.
Frequently Asked Questions
Does Maryland require more than the federal Fair Housing Act on accommodations?
Not in substance. Maryland's duties in State Government 20-705 and 20-706 and COMAR 14.03.04.07 track the federal Fair Housing Act (42 U.S.C. 3604(f)). Maryland adds practical mechanics, like the interest-bearing restoration escrow and an explicit ban on raising a security deposit because of a modification, but the core accommodation and modification standard is the federal one.
Who pays for a wheelchair ramp or grab bars in a Maryland rental?
In ordinary private rental housing the tenant pays for the modification under State Government 20-706. In federally assisted housing the provider generally pays. You may require the tenant to restore the interior at move-out (normal wear and tear excepted) and, under COMAR 14.03.04.07, to fund restoration through an interest-bearing escrow account.
Can I raise the security deposit if a tenant modifies the unit?
No. COMAR 14.03.04.07 prohibits increasing a disabled individual's security deposit because of a modification. The regulation gives you an interest-bearing restoration escrow account instead, and the tenant keeps the interest.
What documentation can I ask for?
When the disability or the disability-related need is not obvious, you may request reliable documentation confirming both. You cannot demand medical records, a diagnosis, the details of the condition, or a specific form. For an assistance animal, verification of the need is enough, and you cannot charge a pet deposit or pet rent for it.
When can I lawfully deny a request?
When there is no disability nexus, when the request imposes an undue financial and administrative burden, when it would fundamentally alter your operations, or when the tenant poses a direct threat that no accommodation can reduce. Engage in the interactive process and put your reasons in writing first; a flat denial with no dialogue is what creates liability.
How long does a tenant have to file a complaint in Maryland?
One year from the discriminatory act to file with the Maryland Commission on Civil Rights (410-767-8600), or one year to file administratively with HUD. A tenant may instead bring a lawsuit in federal court within two years.
Federal authority: 42 U.S.C. § 3604(f); 28 C.F.R. § 36.302; HUD FHEO Notice 2020-01. State authority: Md. Code, State Gov't § 20-705; Md. Crim. Law § 7-307. Last updated October 23, 2026. For informational purposes only, not legal advice. Reasonable-accommodation determinations are highly fact-specific; consult a licensed Maryland attorney before denying any request.