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].
Real Estate
Honey, have we been priced out of gay paradise?
Rehoboth remains more accessible than many queer beach destinations
Let’s set the scene, darlings. It’s a scorching July Saturday. You’ve got a trunk full of rosé, a playlist that slaps harder than a “RuPaul’s Drag Race” elimination, and a group chat blowing up with your people en route to Rehoboth Beach — the Delaware beach town that has been the LGBTQ community’s summer headquarters for decades. Sun, sand, Poodle Beach, drag shows, and the kind of easy, breezy freedom that only comes from being surrounded by your tribe.
Now imagine pulling up to a “FOR SALE” sign on that charming two-bedroom cottage two blocks from the boardwalk — the one you’ve been eyeing for years — and seeing the price tag: $1.97 million. Honey, put the rosé down. We need to talk.
Nation’s Summer Capital Has a Spending Problem
Rehoboth Beach has long worn the nickname “The Nation’s Summer Capital” like a crown, owing to the annual migration of Washingtonians — and increasingly, Philadelphians and New Yorkers — who descend on its 27 miles of Atlantic coastline every summer. For the LGBTQ community in particular, Rehoboth has never been just a beach town. It has been a sanctuary, a second home, a place where you can hold your partner’s hand on the boardwalk without a second thought. But the real estate market? She is not reading the room.
According to Redfin data, the median sale price of a home in Rehoboth Beach recently hit $1.96 million — a jaw-dropping 106% increase year over year, and a figure that sits 127% above the national median. The price per square foot has climbed to $1,160, up nearly 27% in the same period. Gag.
So Who IS Buying Right Now?
Let’s not be dramatic — people are still buying in Rehoboth. They’re just a specific kind of people. According to neighborhood data, the per capita income in Rehoboth Beach runs around $118,239, equating to a household income of nearly $473,000 for a family of four. About a third of the workforce telecommutes, many in high-earning, white-collar professions. And more than 68% of residents hold a college degree, compared to a national average of under 22%.
If you want to buy a median-priced home in Rehoboth today with a standard 25% down payment, you’d need to bring nearly half a million dollars to closing — and then cover about $4,000 a month in ongoing expenses.
Still, the market isn’t quite the frenzy it was at peak pandemic frenzy. Homes are sitting on the market for an average of 88 days as of early 2026 — up significantly from the frantic bidding wars of a few years ago, when a listing might vanish before you could refresh Zillow a second time. Sellers are (slowly) getting the memo that buyers have limits.
Have Your Beach House (and Airbnb It, Too)
Many LGBTQ buyers have discovered a savvy workaround to Rehoboth’s sticker shock: buy a property, rent it during peak season, and let your summer visitors essentially pay your mortgage.
The numbers surprisingly support this strategy. The Rehoboth Beach short-term rental market currently has around 928 active listings, with hosts averaging $400 per night and annual revenues of approximately $39,689. The busiest month, predictably, is July — when guests book an average of 96 days in advance (so yes, those summer reservations your friends keep missing out on are being snapped up in April).
The key is making your property stand out in a crowded market. Properties accommodating eight or more guests dominate the Rehoboth STR market (nearly half of all listings), so that five-bedroom house with a game room suddenly starts to look like a business plan. At the same time – keep in mind that location, location, location honey – that is also so valuable. Even a two-bedroom condo close to the beach will also rent favorably well and get those numbers needed to make the most sense to your pockets.
This method allows you to have a second home, enjoy it, have friends enjoy it, and also helps recoup some of the overhead so the overhead and increase in overall purchase price is a bit more manageable.
What It All Means for Our Community
Rehoboth has always been more than real estate. It is one of the few places on the East Coast where LGBTQ people have, for decades, built an actual physical community — businesses, organizations, gathering spaces, neighborhoods — not just a social scene. CAMP Rehoboth, Poodle Beach, the Blue Moon (which, after some drama, was recently sold to new owners who pledged to keep it a queer-affirming space — phew), and countless gay-owned restaurants and shops form an ecosystem that attracts our community every summer precisely because the roots run deep.
But ecosystems require people — year-round residents, small business owners, artists, service workers — not just wealthy second-home owners. When prices rise to the degree they have in Rehoboth, the people who sustain that community can no longer afford to stay. It’s a pattern playing out in LGBTQ neighborhoods from San Francisco’s Castro to New York’s Chelsea, and it’s worth watching closely here.
The good news? Rehoboth remains more accessible than many comparable queer beach destinations. Provincetown, Mass. — the other iconic LGBTQ beach town on the Eastern seaboard — regularly sees median home prices north of $1.5 million with far less inventory and a significantly smaller footprint.
And Delaware’s tax structure does the community a quiet but important favor: no state sales tax, among the lowest property tax rates in the country, and relatively favorable income tax treatment for retirees. These aren’t glamorous talking points, but they matter when you’re running the numbers on whether your beach house dream can actually pencil out.
The Bottom Line, Babe
Can our community still afford Rehoboth? The honest answer is: it depends on what you mean by Rehoboth.
If you mean a single-family home within walking distance of Poodle Beach with an ocean view and a wraparound porch — prepare to spend north of $1.5 million, need a household income pushing six figures annually, and move fast when something comes to market.
If you mean a condo or townhome in the greater Rehoboth area – or a property you plan to rent out in peak season to offset costs — there are still real pathways in.
And if you mean belonging to a community, showing up every summer, taking up space on that beach, supporting LGBTQ-owned businesses, and making sure Rehoboth’s queer identity doesn’t get washed away by the luxury market tide — well, that part doesn’t have a price tag.
It just requires showing up. So pack the car. Bring the rosé. The beach is still ours.
Have a real estate question or Rehoboth market tip? Reach out to [email protected] for LGBTQ-friendly real estate resources in the Rehoboth area.
Real Estate
The rise of accidental landlords
How changing market conditions are impacting property management
Why are there more “accidental landlords” renting out their properties in the Washington, D.C., metro area?
The answer, according to The New York Times and other sources, is the current state of the real estate market. A growing number of accidental landlords are emerging as homeowners rethink their options in a challenging sales market. Rather than accept lower offers than they feel their properties deserve, many are choosing to rent instead of sell.
This shift reflects both financial caution and changing market dynamics, where holding onto an asset and generating rental income can seem more appealing than locking in a perceived loss.
A Market in Transition
The D.C. housing market remains fundamentally strong, but it has clearly shifted from the frenzied seller’s market of prior years. Inventory has increased significantly, and according to Redfin, active home listings in the Washington, D.C., metro area have increased significantly, with reports indicating a rise of roughly 33% to 50% year-over-year in late 2025 and early 2026.
This surge in inventory, coupled with falling demand, has shifted the market in favor of buyers, with roughly 22% more homes for sale than interested buyers. At the same time, homes are taking longer to sell. Buyers are still active, but they’re more selective, more price-sensitive, and less likely to engage in bidding wars.
This combination of rising inventory and longer selling timelines has created a key tension: sellers are no longer guaranteed the price they want. What’s a homeowner to do? Rent.
Why Homeowners Are Choosing to Rent
Rather than reduce their asking price, many homeowners are choosing to hold onto their properties and rent them out. National data confirms this shift. According to a report from Zillow, the share of rental listings made up of homes that failed to sell has climbed to near-record levels, with these accidental landlords accounting for a growing portion of rental supply. The number of these homeowners nationwide is at a three-year high.
The underlying psychology is simple: most sellers are not under immediate pressure to sell. And instead of accepting what they perceive as a discounted price, they opt to generate rental income and wait for more favorable market conditions.
For many homeowners, renting offers a way to “pause” the sales process without exiting the market entirely.
The Ripple Effect on the Rental Market
This influx of accidental landlords is reshaping the rental landscape. And this could be you!
- This trend is increasing rental supply. When unsold homes are converted into rentals, they add inventory to a market that has already seen new apartment deliveries and multifamily expansion. This is one reason rent growth has cooled in recent months, with national increases slowing to modest levels.
- Additionally, it is changing the type of available rental housing. Accidental landlords are more likely to offer single-family homes, townhouses, or condos; properties that differ from traditional apartment stock. Zillow notes that single-family homes make up the largest share of these rentals now.
For renters in D.C., this means more choices, particularly in neighborhoods where rental inventory was previously limited.
Operational Challenges for Accidental Landlords
While renting may seem like a straightforward fallback strategy, many accidental landlords quickly discover that property management is a complex, operationally intensive business. Some of the most common challenges include:
- Tenant screening and leasing compliance. D.C. has robust tenant protections and rent control regulations, particularly for older multifamily buildings. One wrong step can create legal complications home owners are not prepared for.
- Maintenance and repairs. Deferred maintenance can quickly erode profitability and tenant satisfaction. And tenants do have the power to cut into your monthly profit when certain livability standards are not met.
- Cash flow management. Not all rental income covers mortgage payments, especially for owners with higher interest rates.
- Regulatory compliance. Licensing, inspections, and rent stabilization rules can create administrative burdens.
In short, many homeowners underestimate the complexity involved in the transition from owner-occupant to landlord. What begins as a temporary strategy can evolve into a long-term operational commitment.
Property Management Firms Are Stepping In
As a result, property management companies across the D.C. metro area are seeing increased demand, particularly from first-time landlords. These owners often lack the infrastructure, systems, and expertise required to manage a rental property effectively. Professional management firms provide an array of solutions including marketing and leasing services, tenant screening and placement, rent collection and financial reporting, maintenance coordination, and compliance with D.C.’s evolving regulatory environment. For accidental landlords, outsourcing these functions can turn a reactive decision into a more structured investment strategy.
Green Renting: A Strategic Advantage in D.C.’s Rental Market
One often overlooked opportunity for accidental landlords—especially in Washington, D.C.—is the growing demand for “green renting.”
Energy efficiency is no longer just a lifestyle preference. For many renters, particularly in a high-cost city like D.C., it is a financial decision. Utility costs in the District can be significant, especially during peak summer and winter months. Properties that offer lower monthly energy expenses immediately stand out in a competitive rental market.
Installing solar panels, where feasible, can meaningfully reduce or even offset tenant electricity costs. For renters comparing similar properties, the difference between a standard utility bill and a reduced or stabilized energy cost can be a deciding factor. This is particularly true in D.C., where tenants are often highly-informed, environmentally-conscious, and sensitive to total monthly living expenses, not just base rent.
For landlords, the benefits extend beyond tenant appeal. Solar installations can help reduce vacancy, support longer lease terms, and create a premium perception that differentiates a property from competing listings. In some cases, landlords may also benefit from local incentives, tax credits, or increased property value tied to energy improvements.
In a market where many accidental landlords are competing on similar housing stock—single-family homes, condos, and townhouses—energy efficiency can become a key differentiator. It is not just about sustainability; it is about positioning a property to perform better financially.
A Local Market With Unique Dynamics
Washington, D.C., is a housing market shaped by federal employment, policy changes, and macroeconomic uncertainty. Recent developments, including fluctuations in the federal workforce and return-to-office mandates, have influenced both housing supply and demand. In some cases, these shifts have contributed to increased listings and more cautious buyer behavior. At the same time, D.C.’s high cost of entry continues to support rental demand. This dual dynamic creates ideal conditions for the rise of accidental landlords. Are you ready for this seismic shift?
Scott Bloom is owner and Senior Property Manager of Columbia Property Management.
Are you prepared to meet the changing expectations of tenants? Tenant priorities are continuously shifting. As professional property managers, my team has witnessed firsthand the evolving demands of tenants over the last few years.
Frankly, today’s D.C. residents have high standards. Many have shifted to remote work, and they are placing a growing emphasis on sustainability. And these expectations are poised to evolve even further, with factors like affordability, technology integration, and community-driven amenities taking center stage.
Understanding these changes and adapting your rental to meet the growing demands of tenants and their evolving preferences will not only help you attract high-quality residents but also settle into long-term success in a competitive market. Let’s look at key tenant trends for 2026 in Washington, D.C. by providing practical strategies that help owners and investors navigate this shifting landscape, ensuring your property remains desirable and profitable in an increasingly growing rental market.
According to Buildium’s 2025 Industry Report, tenant retention is rising, and that’s due to a number of factors. It’s expensive to move, so if residents are enjoying a peaceful and pleasant rental experience and they appreciate where they live, it’s unlikely they will spend more money to live somewhere else.
The “2026 State of the Property Management Industry Report” also noted the rise of “Resident Benefit Packages,” which has contributed to retaining good residents. When landlords and property managers offer benefits such as protection against late payment fees, online conveniences, credit monitoring, air filter drop shipments, preventative maintenance services, and even concierge amenities, they increase tenant satisfaction and retention.
By investing in resident benefits, you can increase the likelihood of keeping your tenants satisfied. They’re more likely to renew their lease agreements and contribute to the care and upkeep of their home.
Provide smart home tech
According to data gathered by Nasdaq, Washington, D.C., is one of the top 10 U.S. cities where remote work is most popular, with more than one-third of the population working from home at least part of the time. Even with the federal government calling many people back into the office over the last year, remote work continues to be normalized. Tenants are working and studying from home, and they need their home to support that lifestyle shift.
They’re looking for technology, and that factor provides you the opportunity for you to attract remote workers as residents. While smart home technology was once a fairly niche amenity, it’s now becoming the standard. It’s an expectation of most tenants in Washington, D.C., that at the very least they’ll be able to:
- Connect to fast Wi-Fi at their home
- Enjoy online rental payment platforms that are secure and convenient.
- Make routine maintenance requests through resident portals
It was also recommended considering installing keyless entry systems, offering upgraded security such as video doorbells, investing in smart thermostats, and making it as easy as possible for tenants to integrate their own digital platforms and apps into their home life, whether that’s Alexa or Siri or their own personal AI-driven digital assistant.
Community-Driven Amenities in Washington, D.C., Rentals
Are you renting out units in a multi-family building or an apartment? Washington, D.C., tenants are focused on community and social connection, and so the demand for community-driven amenities is on the rise.
In 2026, renters are looking beyond traditional features like gyms or pools, seeking spaces that allow for interaction, well-being, and a sense of belonging. Co-working spaces, communal kitchens, and rooftop gardens are now more popular in buildings that are working to attract tenants who prioritize shared experiences. A recent report from Ronco Construction reports that these are the emerging trends in multi-family housing amenities:
- Rooftop decks
- Outdoor lounges
- Community gardens
- Fitness studios
- Dog parks and pet spas
- Co-working space
Know your tenant pool
If you rent out single-family homes, you’re dealing with tenants who prefer privacy and space. In those multi-family buildings and condo communities, however, tenants are likely looking for opportunities to connect with their neighbors and make friends. We have seen tenants drawn to properties that offer event programming, such as fitness classes, happy hours, or cultural gatherings, helping create a sense of community in a neighborhood atmosphere.
As an owner, investing in these types of amenities can increase tenant satisfaction, encourage long-term leases, and set your property apart in a competitive market where residents crave more than just a place to live, but also a place to connect.
‘Green Renting’ in D.C.
Tenants want to save money on energy and utilities. Most of them would also rather do whatever they can to be more conscious of their effect on the planet. The city of Washington, D.C., actively encourages this. According to Building Innovation Hub, Washington, D.C., wants to cut greenhouse gas emissions in half by 2032. More efficient building standards and energy incentives are making that possible.
Rental property owners can meet tenant expectations around sustainable living and environmental-friendly features by providing LED lighting, energy-efficient appliances, low-flow plumbing fixtures, and modern programs for managing waste and recycling.
Every tenant in Washington, D.C., is different of course, but there are common expectations that come with residents when they’re looking for a new home. Those highlighted here are even more important to tenants in 2026.
Find out how to make your Washington, D.C., rental property more competitive on the market. Engage a professional property manager for the advice you need.
Scott Bloom is owner and senior property manager of Columbia Property Management.
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