Financial
Business: Family Medical Leave for gay couples?
New hope that Supreme Court’s DOMA decision will clarify, not confuse

(Photo courtesy bigstock)
Although two decades have passed since its enactment, the Family and Medical Leave Act (“FMLA”) continues to evolve through court decisions. The FMLA allows an eligible employee of a covered employer up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons. In December 2012, the U.S. Supreme Court announced that it would consider whether the Defense of Marriage Act unlawfully denies benefits to gay and lesbian couples who are married in states that allow such unions. A Supreme Court decision nullifying DOMA could have wide-ranging impacts, including how the FMLA covers “caring for a spouse.”
The FMLA allows an eligible employee up to 12 weeks of job-protected leave to care for a spouse who suffers from a serious health condition. As a preliminary matter, the FMLA regulations provide that the term “spouse” is defined in terms of the applicable state law:
Spouse means a husband or wife as defined and recognized under state law for purposes of marriage in the state where the employee resides, including common law marriage in states where it is recognized.
This FMLA provision, however, has been limited by DOMA’s definition of “spouse” to mean only opposite-sex spouses. DOMA, clearly states that the word “marriage” means only a legal union between husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife.
Recently, a federal court in Michigan rejected an employee’s claim involving the FMLA’s provision for “caring for a spouse.” In the case of Copeland v. Mid-Michigan Regional Med. Ctr., (E.D. Mich. Feb. 16, 2012), the plaintiff employee asserted a claim for violation of the FMLA by her employer for failing to provide leave, demoting her, and putting her on probation as a result of her absences to care for her terminally ill same-sex partner which ultimately resulted in her termination. The U.S. District Court for the Eastern District of Michigan found that plaintiff’s FMLA claim failed, as a matter of law, because the FMLA only provides leave for an employee to care for a “spouse,” which is defined in the regulations, as a husband or wife defined or recognized under state law for the purposes of marriage in the state where the employee resides.
The court rejected Copeland’s claim under the FMLA because in Michigan, same-sex marriages are not constitutionally recognized and common law marriages were abolished. The couple, thus, was not husband and wife as defined and recognized by state law, and the employee was not the sick partner’s “spouse” for purposes of the FMLA. The court also ruled against the employee with respect to her claim that the employer violated its internal FMLA policy because the employee handbook defines “family member” to include a domestic partner. The Copeland Court held that “[a]ny possible cause of action relating to violation of internal FMLA policy by virtue of defendant employer’s handbook definition of “family member” does not provide a basis for a statutory claim under the FMLA.
While the Copeland case was decided under Michigan law, given the current law in D.C. and the recent legalization of same-sex marriage in Maryland, the results may be different. On the other hand, Virginia, like Michigan, does not recognize same-sex marriage and as such, any result in Virginia would likely be the same. Employers as well as members of the LGBT community are anxiously awaiting further guidance from the Supreme Court in June 2013 regarding this issue. If the Supreme Court rules that DOMA violates the rights of same-sex couples who are legally married under the state laws where they reside, then an employee arguably—at least in states, such as D.C. and Maryland, where same-sex marriage is legal—may be entitled to request FMLA leave to care for a same-sex spouse. If the court rules that the state law references in the FMLA were modified by the subsequent DOMA statute, then same-sex spouses may not enjoy the same FMLA benefits as opposite-sex couples.
(The contents of this article are intended for general informational purposes only and should not be considered legal advice.)
This is a part of a series of monthly articles by Jackson & Campbell, P.C. on legal issues of interest to the LGBT community. Jackson & Campbell, P.C. is a full-service law firm based in Washington with offices in Maryland and Virginia. Those with questions regarding this article, please contact Michele Dearing at 202-457-1629 or [email protected]. Those with questions regarding the firm should contact Don Uttrich, who chairs its Diversity Committee, at 202-457-4266 or [email protected].
In September 2024, I wrote about the District’s Lead-Free D.C. initiative, an ambitious effort to remove lead pipes and make drinking water safer for every resident in our city. Since that original article, a number of important developments have taken shape that affect everyone living in the District. Key drivers in the legal landscape surrounding this issue such as disclosure, testing, and infrastructure planning have been sharpened. The city’s sweeping pipe replacement efforts are continuing to evolve against the backdrop of broader federal drinking-water rules and funding changes.
What was once largely public health conversation for the future is now a practical reality for many property owners and renters. The water service line replacement project has moved from planning and is presently underway throughout the city.
Elevated levels of lead in drinking water is a perplexing challenge in many U.S cities. Researchers documented elevated lead levels in D.C.’s water system more than two decades ago, spotlighting how old infrastructure can pose a hidden health risk even in one of America’s wealthiest cities. Local leaders responded with pipe replacement plans that have continued in the years since.
The Lead-Free D.C. initiative remains the central effort to reduce that risk by replacing water supply lines. These are the pipes that carry water to your home or rental property from the street. D.C. Water estimates that tens of thousands of lead or galvanized service lines still exist in the city and must be systematically replaced to eliminate this exposure.
What Has Changed Since September 2024
Over the past 18 months, several shifts have rippled through policy, practice, and the daily experience of both landlords and tenants:
- Local Disclosure and Tenant Rights: The city has strengthened disclosure requirements. Today, property owners are expected to provide clear written disclosures about known lead service lines, any testing that has been done, and records of past replacements. Tenants also have the right to request lead testing of their tap water, and landlords are responsible for ordering and passing along the test kit, and are required by law to share results with tenants when requested.This reflects an ongoing push toward transparency and an informed occupancy.
- Pipeline Replacement Planning: D.C. Water and the District Government are continuing to roll out their block-by-block lead service line replacement work, with construction schedules publicly available through a Lead-Free D.C. construction dashboard. The goal is to remove by 2030 all lead service lines on both the public and private side, though timelines and funding mechanisms are still being refined as the work continues. D.C.’s Lead-Free DC initiative stipulates that DC Water is responsible to replace the public portion of a lead service line at no cost to the property owners. This is the section running from the water main under the street to the property owner’s lot line. When DC Water is already replacing the public side as part of a scheduled infrastructure project, it will also offer to replace the private-side service line (into the building) at no cost to the owner, as long as the owner grants access and signs a right-of-entry agreement. In these cases, DC Water pays the contractor directly, and the entire lead service line is removed in one coordinated effort.
When no public-side project is scheduled, owners may still qualify for full private-side replacement coverage through the District’s Lead Pipe Replacement Assistance Program (LPRAP). If approved, the program covers the cost of replacing the private-side lead pipe, with funds paid directly to the contractor. Property owners are typically responsible for selecting the contractor, coordinating the work, and covering any costs outside the approved scope of work. Funding is subject to availability, and eligible applicants may be placed on a waiting list depending on annual program budgets.
- Implementation Best Practices: To avoid challenges and misunderstandings regarding the responsibilities during such a significant undertaking, fully investigating the program and how it works is a good first start as is regular and clear communications.
It’s helpful for both property owners and residents to have a clear understanding of what D.C. Water and construction crews will be doing during a lead service line replacement and what follow-up work may remain once the project is complete. Like any major infrastructure upgrade, the process can involve temporary water shutoffs, excavation around the building, and some restoration afterward, such as repairing landscaping or sections of sidewalk. While these short-term disruptions can be inconvenient, they’re a normal and necessary part of modernizing the city’s water system and ensuring safer drinking water for the long term.
- Federal Drinking Water Rules: On the national stage, the U.S. Environmental Protection Agency (EPA) finalized in October 2024 the Lead and Copper Rule Improvements (LCRI). The LCRI requires public water systems across the country to inventory and plan to replace lead service lines, and to remove all lead pipes within about a decade. It also strengthens testing, monitoring, and public notification requirements and lowers the action level for lead exposure, building on earlier revisions to the Lead and Copper Rule.
While these federal changes do not rewrite Washington, D.C.’s specific legal requirements for landlords and tenants, they do help shape funding opportunities, compliance expectations, and the broader national push to eliminate lead plumbing, which can affect utilities, state programs, and local infrastructure planning.
Federal drinking water regulations are subject to administrative review, litigation, and potential revisions as presidential administrations change. While the EPA’s 2024 Lead and Copper Rule Improvements remain in effect as of this writing, aspects of implementation, enforcement timelines, or funding mechanisms may evolve through future rulemaking, court decisions, or congressional action. These federal rules do not override Washington, D.C.’s independent authority to adopt and enforce its own public health, housing, and water safety requirements, which continue to govern landlord and tenant obligations within the District regardless of federal regulatory shifts.
What Landlords Should Know
For landlords in D.C., these evolving expectations matter in 3 key ways:
- Disclosure Is Now a Must: You are expected to provide prospective tenants with upfront information about lead service lines, known test results, and replacement history before lease signing. Existing tenants must also be informed if you learn anything new about the plumbing system.
- Testing Should Be Welcomed, Not Avoided: When tenants request a lead water test, you’re now required to provide D.C. Water’s approved kit and cooperate with the process. The test results give both sides clear information about water quality and whether additional remediation is advisable.
- Capital Investment May Be Unavoidable: Even if much of the public-side work is funded by D.C. Water, private-side service line replacement costs and restoration work may still fall to the property owner if the home still has lead service lines. Planning for both the expense and the logistics is key to be able to take advantage of this program being offered to D.C. homeowners.
What This Means for Tenants
For renters, the changes bring clearer rights and fewer unknowns. Tenants no longer have to guess whether lead pipes serve their home; they can request testing, receive timely results, and rely on official disclosures when deciding where to live and how to protect their health.
Transparent communication with the landlord, responsiveness to testing requests, and participation in replacement programs turn regulatory requirements into real-world safeguards. In that way, landlord action directly shapes tenant trust, housing stability, and long-term public health outcomes.
At a moment when the District is investing heavily in its infrastructure, landlords who plan ahead and participate help to ensure that these public resources translate into safer housing, stronger neighborhoods, and a city better equipped for the future.
Why This Still Matters
Lead-free water shouldn’t be a luxury. Continued investment by federal and local governments in Washington, D.C.’s water infrastructure reflects a shared commitment to the city’s long-term health and livability. Modernizing service lines helps ensure that people can raise families here, age in place, and remain part of their communities without the added health concerns associated with lead exposure.
Landlords who take the time now to understand, disclose, and plan for lead service line replacement not only comply with evolving expectations, but they also strengthen the long-term value and marketability of their properties.
Scott Bloom is owner and senior property manager of Columbia Property Management.
As the days grow longer and buyers re-emerge from winter hibernation, the spring market consistently proves to be one of the strongest times of year to sell a home. Increased inventory, motivated buyers, and picture-perfect curb appeal make it a prime window for homeowners ready to list.
The good news? Preparing your home for spring doesn’t require a full renovation or a contractor on speed dial. A few thoughtful, cost-effective updates can dramatically elevate your home’s appeal and market value.
Here are smart, inexpensive ways to get your property market-ready:
Fresh Paint: The Highest Return on a Small Investment
Few improvements transform a home as quickly and affordably as paint. Neutral tones remain the gold standard, but today’s buyers are gravitating toward warmer tan hues that create an inviting, elevated feel without overwhelming a space. Soft sandy beiges and warm greige-leaning tans provide a clean backdrop that photographs beautifully and allows buyers to envision their own furnishings in the home.
Freshly painted walls signal care and maintenance — two qualities buyers subconsciously look for when touring properties.
Removable Wallpaper: Style Without Commitment
For homeowners wanting to introduce personality without permanence, removable wallpaper offers a stylish solution. A subtle textured pattern in a powder room, a soft botanical print in a bedroom, or a modern geometric accent wall can add depth and character. Because it’s easily removed, it appeals to both sellers and buyers — creating visual interest without long-term risk.
Upgrade Light Fixtures for Instant Modernization
Outdated lighting can age a home instantly. Swapping builder-grade fixtures for modern, streamlined options is one of the simplest ways to refresh a space. Consider warm metallic finishes or matte black accents to create a cohesive, updated look. Proper lighting not only enhances aesthetics but also ensures your home feels bright and welcoming during showings.
Elevate Curb Appeal: First Impressions Matter Most
Spring buyers often decide how they feel about a home before they ever step inside. Refreshing curb appeal doesn’t require major landscaping. Simple updates such as fresh mulch, trimmed shrubs, seasonal flowers, a newly painted front door, and updated house numbers can dramatically improve first impressions. Power washing the driveway and walkways also delivers a clean, well-maintained appearance for minimal cost. Even if you don’t have a curb to appeal- think potted plants on your patio, balcony and change out your door mat.
Deep Clean & Declutter (Seriously, It Matters)
A deep, top-to-bottom cleaning is basically free and one of the most impactful things you can do. Scrub floors, windows, grout, baseboards, appliances, bathrooms, and everything in between. Don’t forget to clean windows inside and out — natural light is a huge selling point. Declutter by packing up excess stuff, clearing off countertops, and minimizing personal items so buyers can see the space, not your life.
Let the Light Shine
Make your home feel bright and inviting by cleaning windows, opening blinds, and replacing dark or dated light fixtures with contemporary, budget-friendly options. Swapping in LED bulbs offers brighter light and lower utility costs — a small change that buyers appreciate. Pro tip: I always recommend removing widow screens to allow as much light in as possible
Neutralize Scents
Make sure the home smells fresh. Neutralizing odors — whether from pets, cooking, or moisture — creates a clean, welcoming atmosphere. Light natural scents like citrus or subtle florals can be inviting during showings. Think of how your favorite hotel smells and go for that.
Spring market rewards preparation. By focusing on high-impact, low-cost improvements, sellers can position their homes to stand out in a competitive environment. With thoughtful updates and strategic presentation, homeowners can maximize both buyer interest and potential sale price — all without overextending their renovation budget.
As activity increases and inventory begins to rise, now is the time to prepare. A little polish today can translate into significant results tomorrow.
Justin Noble is a Real Estate professional with Sotheby’s International Realty Servicing Washington D.C., Maryland, and the beaches of Delaware.
Real Estate
2026: prices, pace, and winter weather
Lingering snow cover, sub-freezing temperatures have impacted area housing market
The D.C. metropolitan area’s housing market remains both pricey and complex. Buyers and sellers are navigating not only high costs and shifting buyer preferences, but also seasonal weather conditions that influence construction, inventory, showings, and marketing time.
Seasonality has long affected the housing market across the U.S. Activity typically peaks in spring and summer and dips in winter; however, January and February 2026 brought unusually cold spells to our area, with extended freezing conditions.
Persistent snow and ice-covered roads and sidewalks have gone for days, and in some cases weeks, before melting. While snow accumulation normally averages only a few inches this time of year, this winter saw below-normal temperatures and lingering snow cover that has significantly disrupted normal activity.
Rather than relying on neighborhood teenagers to shovel snow to make some extra money, the “snowcrete” has required ice picks, Bobcats, and snow removal professionals to clear streets and alleys, free our cars from their parking spaces, and restore availability of mass transit.
These winter conditions have had an adverse impact on the regional housing market in several ways.
- Construction slowdown: New builds and exterior improvements often pause during extended cold, resulting in delayed housing starts when we need affordable housing in the worst way.
- Listing preparation: Cleaning crews, sign installers, photographers, and stagers with trucks full of furniture may be unable to navigate roads and need to postpone service.
- Showings and open houses: Simply put, buyers are less inclined to schedule visits in hazardous conditions. Sellers must ensure walkways and parking areas are clear and de-iced and be able to vacate the property while viewings are taking place.
- Inspection and appraisal delays: Like buyers and sellers, ancillary professionals may be delayed by unfavorable weather, slowing timelines from contract to close.
- Maintenance and repairs: Properties with winter damage (e.g., ice dams or frozen pipes) may experience repair delays due to contractor availability and supply chain schedules. Snow and cold can also affect properties with older and more delicate systems adversely, leading some sellers to delay listing until better conditions arrive.
- Availability of labor: Increasingly, construction, landscaping, and domestic workers are reluctant to come into the District, not because of ice, but because of ICE.
Overall, the District has shown a notable increase in days on the market compared with past years. Homes that once sold in a week or less are now often listed for 30+ days before obtaining an offer, especially in the condominium and mid-range house segments. While part of this shift can be attributed to weather and climate, interest rates, uncertain employment, temporary furloughs, and general economic conditions play key roles.
Nonetheless, we continue to host some of the region’s most expensive residences. Historic estates, including a Georgetown mansion that sold for around $28 million, anchor the luxury segment and reflect ongoing demand for premium urban property.
But even in this high-end housing sector, marketing strategies are evolving based on seasonal realities. Price reductions on unique or niche properties, such as undersized or unconventional homes, reflect a broader market adjustment where competitive pricing can shorten selling time.
For example, a beautifully renovated, 4-story brick home with garage parking and multiple decks that overlook the Georgetown waterfront sold in early February for 90 percent of the list price after 50 days on the market.
At the other end of the spectrum, a 2-bedroom investor-special rowhouse in Anacostia only took eight days to sell for under $200,000, down 14 percent from its original list price. In addition, four D.C. homes took more than 250 days to sell, including an 8-bedroom rooming house that was on the market for 688 days and closed after a 23 percent downward price adjustment.
Some frustrated sellers are simply taking their homes off the market rather than dropping prices below their mortgage balances, although we are beginning to see the resurgence of short sales for those who must sell.
Condominiums and cooperatives offer many opportunities for buyers and investors, with 1,100 of them currently on the market in D.C. alone. List prices run the gamut from $55,000 for a studio along the Southwest Waterfront to nearly $5 million for five bedrooms, four full baths, and 4,400 square feet at the Watergate.
So, while Washington metro area prices remain high, the pace of sales now reflects both seasonal and economic realities. Homes taking longer to sell, in part caused by elements of winter, signal a shifting market where buyers can take more time to decide which home to choose and have a better negotiating posture than in recent years.
Accordingly, sellers must continue to price strategically, primp and polish their homes, and prepare for additional adverse circumstances by reviewing fluctuating market conditions with their REALTOR® of choice.
Valerie M. Blake is a licensed Associate Broker in DC, MD & VA with RLAH @properties. Call or text her at (202) 246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
