Maryland Law Protects Pets During Evictions
The cat organ, first described in the 17th century by German Jesuit scholar Athanasius Kircher, is a whimsical and macabre musical instrument. Cats were to be positioned under a key on the organ’s keyboard in order according to the pitches of their voices. When a key was pressed down, the instrument would drive a sharp object into the cat's tail, eliciting the appropriate pitch.
As a cat lover, I’m happy to report the cat organ was never built – at least not with actual cats. However, around 2010, a cat organ built with stuffed animal toys appeared at a London eco festival.
A YouTube video of that cat organ features Prince (now King) Charles interacting with the instrument and dissolving into laughter as it belts out a bizarre rendition of Somewhere Over the Rainbow. Although the video was intended as entertainment, it was met with controversy by those disturbed by the idea that music might be created by abusing cats.
Yet, the video demonstrates how a macabre historical invention could be reimagined as modern, cruelty-free entertainment. In the context of an eco-festival, however, the video also highlighted society’s focus on animal welfare and the humane and ethical treatment of animals.
In the United States, although laws prohibit animal cruelty, pets are still considered personal property – like a sofa, table, or lamp. During evictions house pets often were treated like personal property when a tenant’s belongings were removed from their apartment and set out on the street corner.
This year that changed in Maryland with a new law designed to protect pets during the eviction process. This article discusses the new Maryland law.
What Does the Maryland Law Require?
Tenant Fact Sheet
The Maryland law addresses concerns about pet welfare in the eviction process from several directions. The law only applies to owners of domesticated dogs and cats. Feral animals and other types of pets, such as birds, fish, reptiles, guinea pigs, and hampsters, aren’t covered.
The Maryland Department of Agriculture (Ag Department) must create a comprehensive fact sheet containing resources for pet owners. The fact sheet, which is on the Ag Department’s website so it can be regularly updated, provides pet owners with information about animal shelters and resources that can help if the owners are evicted.
The law requires landlords to inform tenants of the fact sheet and provide a link to its location on the Ag Department's website when they sign their leases. The Maryland Judiciary also is to post a link to the Ag Department’s fact sheet so tenants facing eviction can more easily access it.
The Ag Department is required to update the fact sheet to ensure it includes the latest developments in animal welfare and changes in state and local resources, including animal shelters and rescue organizations. By maintaining an updated fact sheet, the department ensures that pet owners have access to the most current information and resources, which is essential during housing instability or legal challenges related to property possession.
Caring for Pets During the Eviction Process
The law also includes requirements to keep pets safe when their owners are evicted. At the beginning of the eviction, the sheriff or other official must inspect the rental unit to determine if there are any pets in the unit.
Pets may not be left by the curb in the public right-of-way along with their owner’s furniture and other belongings. Instead, the sheriff or other official must give the pet to the tenant or other person in the rental unit. If there isn’t anyone present at the time of the eviction, the official must contact an animal shelter or rescue organization to take custody of the pet. When taking custody of a pet, the owner's name and, if available, telephone number also must be provided. Also, the tenant or party in possession must be given contact information for the organization that has their animal.
Landlord obligations are conspicuously missing from the law. Although the tenant’s and occupants’ names should be on the eviction paperwork, the law doesn’t obligate the landlord to give the officials the tenant’s telephone number or safeguard a pet that the owner has abandoned.
Plus, although the law mandates a process where the owner isn't in their rental unit, it doesn't expressly prohibit leaving pets unattended on private property. Finally, since the law only applies to cats and dogs, it doesn't require an inspection for other pets, nor does it include safeguards for those pets. However, those pets could be protected under animal cruelty laws.
What the Law Doesn’t Do
The law doesn’t prohibit landlords from restricting the number or types of pets a tenant may have or charging pet fees. So, landlords can impose size restrictions on pets, prohibit certain dog breeds, or require that an owner pay for damage caused by their pets.
The law also doesn’t prohibit landlords from evicting tenants who violate their leases by having prohibited pets or failing to follow landlord rules. For instance, a landlord might evict a tenant whose dogs bark constantly at night in violation of noise restrictions. Or, a landlord could take action against a tenant who doesn’t properly dispose of pet waste.
The law also doesn't change pets' status as personal property, but it reflects an increased commitment to animal welfare and the important role pets can have in a family structure. The law also promotes responsible pet ownership by providing owners with information so they are well-informed before facing the eviction process.
It’s disappointing that the landlord’s obligations are limited to providing tenants with a copy of the Ag Department’s fact sheet. However, by positioning state and local government as central in protecting pets during evictions, the law ensures that property possession laws do not place vulnerable pets at risk.
Other Laws May Protect Animals in Rental Housing
However, the new law doesn't change existing laws relating to animals. For instance, landlord personnel remain subject to animal cruelty laws, which not only protect cats and dogs but also other animals.
Also, landlords still must comply with the Americans with Disability Act, which requires the accommodation of tenants with disabilities by allowing service dogs notwithstanding pet limitations. Cats cannot be service animals under the ADA, but the Fair Housing Act requires that landlords accommodate tenants by allowing needed emotional support animals, which can include dogs, cats, and other animals.
Finally, landlords should know and comply with local laws affecting rental housing and animal welfare.
Conclusion
Some claim that the video reimaging the cat organ as a humorous instrument highlighted a societal focus on animal welfare. Maryland’s law does the same.
Landlords in other states can use Maryland’s law as a primer on best practices regarding animal welfare. Landlords and local associations can assemble fact sheets about resources tenants can access when facing food or housing insecurity. Also, by forging strong relationships with local shelters and rescues, landlords can help tenants ensure that pets are not abandoned when facing eviction.
© 2023 by Elizabeth A. Whitman
Any references clients and their legal situations have been modified to protect client confidentiality
DISCLAIMER: The content of this blog is for informational purposes only and does not provide legal advice. No one should take any action regarding the information in this blog without first seeking the advice of an attorney. Neither reading this blog nor communication with Whitman Legal Solutions, LLC or Elizabeth A. Whitman creates an attorney-client relationship. No attorney-client relationship will exist with Whitman Legal Solutions, LLC, or any attorney affiliated with it unless a written contract is signed by all parties.