HUD groups both service anmals and ESAs under the broader category of assistance animals and focuses on the disability-related need rather than the label attached to the animal. 

1. Service Animal

An animal who is individually trained to do work or perform specific tasks for a person with a disability. They do not require a formal registration or certification, and have public access rights under the Americans with Disabilities Act (ADA).

• No Medical Doctor letter required by law
• No size, breed, or weight restrictions
• No official registry - (Do not pay a fake company!)
•  Staff are only allowed to ask two things:
  1. Is the dog a service animal required because of a disability?
  2. What work or task has the dog been trained to perform? [1, 2]

• Staff cannot ask about your medical condition, demand to see your disability diagnosis, or ask the dog to demonstrate its task
• Can be off leash during trained task

2. Emotional Service Animal (ESA)

An animal that provides therapeutic comfort through companionship and presence for a mental or emotional disability. They do not need special task training, do not have ADA public access rights, and require a valid letter from a licensed mental health professional (LMHP) or medical provider to qualify for housing protections under the Fair Housing Act. 

• Needs: letter from licensed mental health professional (LMHP) 
• Physician (MD or DO), Psychiatrist, Psychologist, Licensed Clinical Social Worker (LCSW), Licensed Professional Counselor (LPC/LCPC), Licensed Therapist, Psychiatric Mental Health Nurse Practitioner (PMHNP), or ther licensed healthcare professionals acting within the scope of their professional practice
• No size or weight restrictions
• No size or weight restrictions 
• No official registry - (Do not pay a fake company!)
• One letter per person per household in addition to pet
• May NOT be off leash

3. Pet

A pet is standard household animal that provides no specialized disability or legal accommodation rights, and is subject to standard landlord pet policies, leases, fees, and county ordinances.

• Follow all county guidance 
• See Pet Policy issued by Property Management as of [date] 
• Lease amendments needs proper notice to be changed
• Everyone should receive the same paperwork and/or verbal request 

4. Follow Montgomery County Leash Laws (see sidebar): 

• Accidents are not Ways of Life
• Service Animals in the performance of their duties may be off leash 
• Emotional Support Animals may NOT be off leash at any time. 
• Size DOES NOT Matter! May NOT be off leash!

DO NOT INCLUDE MEDICAL INFORMATION OR PII 

Subject: Reasonable Accommodation Request for Service Animal

To Whom It May Concern:

I am writing on behalf of my patient, who resides in housing subject to applicable fair housing requirements.

My patient is currently under my professional care for a condition that substantially limits one or more major life activities.

Due to this condition, a service animal has been recommended as part of the individual's treatment plan. The service animal performs work, tasks, and/or disability-related assistance that helps the individual manage symptoms, improve daily functioning, and maintain independence.

In my professional judgment, the service animal is necessary because it assists with and mitigates the effects of the individual's disability.

Accordingly, I respectfully request that reasonable accommodation be granted for this service animal.

Should additional information be required, please contact my office.

Sincerely,

[Provider Name]
[Practice Name]
[Address]
[Phone]
[Fax]

References

• Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B).
• HUD Notice FHEO-2020-01, Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act.

Subject: Reasonable Accommodation Request for Emotional Support Animal

To Whom It May Concern:

I am a licensed healthcare professional who is familiar with this individual and their condition.

The individual has a disability as defined by applicable fair housing laws. Due to that disability, the individual has a disability-related need for a dog that provides assistance and support related to the disability.

I am recommending that the individual be permitted to keep this animal as a reasonable accommodation.

Please contact my office if additional information is needed.

Sincerely,

 [Provider Name, Credentials]

References

• Service Animal Definition & Regulations:
  • Americans with Disabilities Act (ADA): Title II (28 CFR § 35.104 & 28 CFR § 35.136) and Title III (28 CFR § 36.104 & 28 CFR § 36.302(c)). These regulations explicitly define a service animal as a dog individually trained to do work or perform tasks, note that no official registry or certification is required, and establish public than a service animal handler does not need a letter from a medical doctor to access public spaces.
• Emotional Support Animal (ESA) Definition & Regulations:
  • Fair Housing Act (FHA): 42 U.S.C. 3604(f)(3)(B) and U.S. Department of Housing and Urban Development (HUD) Notice FHEO-2020-01. These authorities govern housing protections, requiring housing providers to make reasonable accommodations for animals that provide therapeutic support, validated by documentation from a licensed healthcare professional.
• Pet Policies and Leases:
  • Maryland Real Property Code: MD Code, Real Property, § 8-208 (governing lease requirements) and local landlord-tenant regulations.