Financial
Health care decisions for same-sex couples
By DANIELE E. HERNDON
Your significant other has reached the end of a long and painful battle with a terminal illness. As you have discussed many times, his wish is to die peacefully with pain management but no heroic measures. He cannot voice that wish, however, because he can no longer speak. The choice is in your hands. Or is it?
It depends on a number of factors, including whether your significant other has a living will, durable power of attorney, or advance directive and whether you are married or registered as a domestic partnership.
A durable power of attorney for health care is a legal document that names a medical decision maker if a person is incapacitated. It important for same-sex couples to know that if you do not have an advance directive naming your significant other or a friend as your agent and you are not married or registered as domestic partners, the hospitals and courts will look to your closest biological family member to make health care decisions for you, and your significant other will have no legal right to make such decisions, or in some cases, to even visit you in the hospital. Without this document, your significant other will also not be able to claim your body after death or direct the disposition of your remains.
A financial power of attorney can also be important to designate who will be in charge of financial matters in case of medical emergencies or incapacitating illness. Again, District courts will give blood relatives first choice to manage your significant other’s finances, even if you have a different choice.
A living will, or advance directive, is a legal document that specifies the types of life-sustaining measures you want to be used, if necessary, and which measures you do not want. This document can be important to persons living with terminal illnesses because it outlines end-of-life choices that may be contested by family members. In addition to having a living will, each partner should discuss their end-of-life choices with family members to avoid objections later on.
The purpose of the District of Columbia’s Health Care Decisions Act of 2003 is “to affirm the right of all competent adults to control decisions relating to their own health care and to have their right and intentions in health care matters respected and implemented by others if they become incapable of making or communicating decisions for themselves.”
Under the Act, an individual is incapacitated if he or she “lacks sufficient mental capacity to appreciate the nature and implications of a health care decision, make a choice regarding the alternatives presented, or communicate that choice in an unambiguous manner.”
It is important to note that there is a presumption that an individual is capable of making health care decisions. Specifically, the law provides that mental incapacity to make a health care decision may not be inferred from the fact that an individual: (1) has been voluntarily or involuntarily hospitalized for mental illness; (2) is mentally retarded; or (3) has a conservator or guardian appointed. Rather, mental incapacity to make a health care decision must be certified by two physicians.
If no durable power of attorney for health care decisions exists and a person has been certified to be incapacitated, then the following individuals, in the order of priority set forth below, may make health care decisions on behalf of the incapacitated individual: (1) A court-appointed guardian or conservator of the patient, if the consent is within the scope of the guardianship or conservatorship; (2) the spouse or domestic partner of the patient; (3) an adult child of the patient; (4) a parent of the patient; (5) an adult sibling of the patient; (5A) a religious superior of the patient, if the patient is a member of a religious order or a diocesan priest; (5B) a close friend of the patient; or (6) the nearest living relative of the patient.
Under the Act, if your significant other is not your spouse or domestic partner, you will have to petition the court to be appointed as guardian, or get in line behind a bevy of people who may or may know or care about your loved one’s wishes.
Even if a guardian or conservator is appointed, however, the spouse and all other individuals of lower priority as set forth in D.C. Code have the right to challenge in court any decision made by a person of higher priority, including the guardian or conservator. Moreover, if a spouse or other person of lower priority can demonstrate a better knowledge of the wishes of the patient or, if the wishes of the patient are unknown and cannot be ascertained, is better able to demonstrate a good-faith belief as to the wishes of the patient, then he or she can rebut the order of priority established by statute.
Valentine’s Day is often portrayed as a celebration of romantic love — flowers, chocolates, and candlelit dinners. But for many LGBTQ+ individuals and couples, Valentine’s Day can also be a moment to reflect on something deeper: the love that creates a safe, welcoming home.
For LGBTQ+ home buyers and sellers, homeownership is more than a financial milestone—it is an act of belonging, resilience, and pride. Owning a home can mean finally having a place where you can hold hands with your partner on the front porch, decorate with your authentic style, and build a life free from judgment. In this way, buying or selling a home is one of the most meaningful love stories many LGBTQ+ people will ever write.
This Valentine’s Day, whether you’re a first-time gay home buyer, a same-sex couple upgrading your space, or an LGBTQ+ seller moving on to your next chapter, it’s worth thinking about how love, identity, and real estate intersect—and how to navigate that journey with confidence, protection, and the right support.
Love, Identity, and the Meaning of ‘Home’
For generations, LGBTQ+ people were denied equal access to housing, homeownership, and legal protections. Even today, many LGBTQ+ home buyers still face subtle bias, uncomfortable interactions, or outright discrimination in the real estate process.
That’s why finding LGBTQ+ friendly real estate and an affirming gay friendly realtor or lesbian realtor matters so much. A home isn’t just a building—it’s a personal sanctuary. Working with LGBTQ+ real estate agents who understand your lived experience can make all the difference between a stressful transaction and a joyful one.
For over 30 years, GayRealEstate.com has been the leading gay real estate network, connecting LGBTQ+ home buyers and sellers with gay real estate agents, lesbian real estate agents, and LGBTQ+ friendly realtors who truly “get it.” Their mission has always been simple yet powerful: to ensure that every LGBTQ+ person has access to safe, respectful, and inclusive real estate services.
Finding Your Match: Choosing the Right LGBTQ+ Friendly Realtor
Much like dating, finding the right real estate agent is about compatibility, trust, and communication. Here are some key tips for choosing the best LGBTQ+ real estate representation:
- Look for experience with LGBTQ+ clients. Search for a gay realtor near me or lesbian realtor near me through GayRealEstate.com, where agents are vetted for cultural competency and community commitment.
- Ask about their experience with same-sex couple home buying. A strong agent should understand issues like joint ownership, legal protections, and financing considerations.
- Choose someone who listens. You should feel safe sharing your priorities—whether that includes proximity to LGBTQ+ nightlife, affirming schools, or lesbian-friendly neighborhoods.
- Prioritize respect and transparency. Your agent should advocate for you, not just push a quick sale.
The right gay friendly real estate agent isn’t just helping you buy a house—they’re helping you find a place to build your life.
Best Cities for LGBTQ+ Home Buyers
If love is your compass, location is your map. Some of the best cities for LGBTQ+ home buyers consistently offer strong community presence, legal protections, and welcoming neighborhoods:
- Wilton Manors, Florida – A hub for LGBTQ+ culture with thriving LGBTQ+ real estate opportunities
- Palm Springs, California – A long-standing LGBTQ+ retirement and second-home destination
- Provincetown, Massachusetts – Historic LGBTQ+ community with progressive housing protections
- Asheville, North Carolina – Growing market with inclusive real estate services
- Fort Lauderdale, Florida – Diverse, welcoming, and highly sought-after for LGBTQ+ home ownership
Working with GayRealEstate.com allows you to connect with local LGBTQ+ real estate experts who know these markets inside and out.
Navigating Legal Protections in LGBTQ+ Real Estate
Love is universal—but legal protections are not always consistent. Understanding your rights is essential when buying or selling a home as an LGBTQ+ person.
Key protections include:
- Fair Housing Act (FHA): Prohibits discrimination based on sex, which courts have increasingly interpreted to include sexual orientation and gender identity.
- State and local protections: Many cities and states offer additional safeguards against LGBTQ+ housing discrimination.
- Same-sex couple legal considerations: If you are married, joint ownership is typically straightforward. If not, consult an attorney about co-ownership agreements.
A knowledgeable LGBTQ+ friendly realtor from GayRealEstate.com can help guide you through these complexities and connect you with trusted legal professionals when needed.
Buying a Home as an LGBTQ+ Person: Practical Tips
If you’re embarking on your home-buying journey this Valentine’s season, here are smart, practical steps to take:
- Clarify your priorities. Do you want a vibrant LGBTQ+ neighborhood, quiet suburbs, or access to queer community spaces?
- Get pre-approved for a mortgage. This strengthens your position in competitive markets.
- Work with an LGBTQ+ real estate agent. Searching “finding a gay real estate agent” or “finding a lesbian real estate agent” through GayRealEstate.com is a great first step.
- Research inclusive communities. Some neighborhoods are more welcoming than others.
- Know your rights. If you experience bias, document it and seek legal guidance.
Buying a home is an act of self-love—and community love.
Selling a Home as an LGBTQ+ Person
Selling can be just as emotional as buying, especially if your home represents years of memories with your partner, friends, or chosen family.
When selling a home as an LGBTQ+ person, consider:
- Working with a gay friendly realtor who will market your home inclusively
- Highlighting LGBTQ+ community appeal in listings
- Being prepared for potential buyer bias (and knowing how to respond)
- Leaning on GayRealEstate.com’s LGBTQ+ real estate services for trusted guidance
Your story—and your home—deserve respect.
Real Estate for LGBTQ+ Families
More LGBTQ+ couples are raising children, fostering, or building blended families. This makes homeownership even more meaningful.
When searching for real estate for LGBTQ+ families, consider:
- LGBTQ+ affirming school districts
- Family-friendly queer communities
- Safe neighborhoods with inclusive values
- Access to LGBTQ+ resources and social networks
GayRealEstate.com specializes in helping LGBTQ+ families find homes that truly fit their lives.
Love, Pride, and Homeownership
At its core, Valentine’s Day is about connection. For LGBTQ+ people, homeownership can be one of the most profound expressions of love—love for yourself, your partner, your family, and your future.
Whether you are a first-time gay home buyer, a same-sex couple relocating, or an LGBTQ+ seller moving forward, you deserve an experience rooted in dignity, fairness, and celebration.
For over three decades, GayRealEstate.com has stood as the leading source for LGBTQ+ real estate, gay real estate, lesbian real estate, and LGBTQ+ home buying and selling representation. Their nationwide network of gay real estate agents, lesbian-friendly real estate agents, and LGBTQ+ friendly realtors ensures that your real estate journey is guided by professionals who understand your heart—and your home.
This Valentine’s Day, let your next chapter be written in a place where you can truly belong. Because when love leads the way, home is never far behind.
Scott Helms is president and owner of Gayrealestate.com.
Real Estate
New year, new housing landscape for D.C. landlords
Several developments expected to influence how rental housing operates
As 2026 begins, Washington, D.C.’s rental housing landscape continues to evolve in ways that matter to small landlords, tenants, and the communities they serve. At the center of many of these conversations is the Small Multifamily & Rental Owners Association (SMOA), a D.C.–based organization that advocates for small property owners and the preservation of the city’s naturally occurring affordable housing.
At their December “DC Housing Policy Summit,” city officials, housing researchers, lenders, attorneys, and housing providers gathered to discuss the policies and proposals shaping the future of rental housing in the District. The topics ranged from recent legislative changes to emerging ballot initiatives and understanding how today’s policy decisions will affect housing stability tomorrow.
Why Housing Policy Matters in 2026
If you are a landlord or a tenant, several developments now underway in D.C., are expected to influence how rental housing operates in the years ahead.
One of the most significant developments is the Rebalancing Expectations for Neighbors, Tenants and Landlords (RENTAL) Act of 2025, a sweeping piece of legislation passed last fall and effective December 31, 2025, which updates a range of housing laws. This broad housing reform law will modernize housing regulations and address long-standing court backlogs, and in a practical manner, assist landlords with shortened notice and filing requirements for lawsuits. The Act introduces changes to eviction procedures, adjusts pre-filing notice timelines, and modifies certain tenant protections under previous legislation, the Tenant Opportunity to Purchase Act.
At the same time, the District has expanded its Rent Registry, to have a better overview of licensed rental units in the city with updated technology that tracks rental units subject to and exempt from rent control and other related housing information. Designed to improve transparency and enforcement, Rent Registry makes it easier for all parties to verify rent control status and compliance.
Looking ahead to the 2026 election cycle, a proposed ballot initiative for a two-year rent freeze is generating significant conversation. If it qualifies for the ballot and is approved by voters, the measure would pause rent increases across the District for two years. While still in the proposal phase, it reflects the broader focus on tenant affordability that continues to shape housing policy debates.
What This Means for Rental Owners
Taken together, these changes underscore how closely policy and day-to-day operations are connected for small landlords. Staying informed about notice requirements, registration obligations, and evolving regulations isn’t just a legal necessity. It’s a key part of maintaining stable, compliant rental properties.
With discussions underway about rent stabilization, voucher policies, and potential rent freezes, long-term revenue projections will be influenced by regulatory shifts just as much as market conditions alone. Financial and strategic planning becomes even more important to protect your interests.
Preparing for the Changes
As the owner of a property management company here in the District, I’ve spent much of the past year thinking about how these changes translate from legislation into real-world operations.
The first priority has been updating our eviction and compliance workflows to align with the RENTAL Act of 2025. That means revising how delinquent rent cases are handled, adjusting notice procedures, and helping owners understand how revised timelines and court processes may affect the cost, timing, and strategy behind enforcement decisions.
Just as important, we’re shifting toward earlier, more proactive communication around compliance and regulatory risk. Rather than reacting after policies take effect, we’re working to flag potential exposure in advance, so owners can make informed decisions before small issues become costly problems.
A Bigger Picture for 2026
Housing policy in Washington, D.C., has always reflected the city’s values from protecting tenants to preserving affordability in rapidly changing neighborhoods. As those policies continue to evolve, the challenge will be finding the right balance between stability for renters and sustainability for the small property owners who provide much of the city’s housing.
The conversations happening now at policy summits, in Council chambers, and across neighborhood communities will shape how rental housing is regulated. For landlords, tenants, and legislators alike, 2026 represents an opportunity to engage thoughtfully, to ask hard questions, and to create a future where compliance, fairness, and long-term stability go hand-in-hand.
Real Estate
Unconventional homes becoming more popular
HGTV show shines spotlight on alternatives to cookie cutter
While stuck in the house surrounded by snow and ice, I developed a new guilty pleasure: watching “Ugliest House in America” on HGTV. For several hours a day, I looked at other people’s unfortunate houses. Some were victims of multiple additions, some took on the worst décor of the ‘70s, and one was even built in the shape of a boat.
In today’s world, the idea of what a house should look like has shifted dramatically. Gone are the days of cookie-cutter suburban homes with white picket fences. Instead, a new wave of architects, designers, and homeowners are pushing the boundaries of traditional housing to create unconventional and innovative spaces that challenge our perceptions of what a home can be.
One of the most popular forms of alternative housing is the tiny house. These pint-sized dwellings are typically fewer than 500 square feet and often are set on trailers to allow for mobility. Vans and buses can also be reconfigured as tiny homes for the vagabonds among us.
These small wonders offer an affordable and sustainable living option for those wishing to downsize and minimize their environmental footprint. With clever storage solutions, multipurpose furniture, and innovative design features, tiny homes have become a creative and functional housing solution for many, although my dogs draw the line at climbing Jacob’s Ladder-type steps.
Another unusual type of housing gaining popularity is the shipping container home. Made from repurposed shipping containers, these homes offer a cost-effective and environmentally friendly way to create modern and sleek living spaces. With their industrial aesthetic and modular design, shipping container homes are a versatile option for those contemplating building a unique and often multi-level home.
For those looking to connect with nature, treehouses are a whimsical and eccentric housing option. Nestled high up in the trees, these homes offer a sense of seclusion and tranquility that is hard to find in traditional housing. With their distinctive architecture and stunning views, treehouses can be a magical retreat for those seeking a closer connection to the natural world.
For a truly off-the-grid living experience, consider an Earthship home. These self-sustaining homes use recycled construction materials and rely on renewable energy sources like solar power and rainwater harvesting. With their passive solar design and natural ventilation systems, Earthship homes are a model of environmentally friendly living.
For those with a taste for the bizarre, consider a converted silo home. These cylindrical structures provide an atypical canvas for architects and designers to create modern and minimalist living spaces. With curved walls and soaring ceilings, silo homes offer a one-of-a-kind living experience that is sure to leave an impression.
Barn homes have gained popularity in recent years. These dwellings take the rustic charm of a traditional barn and transform it into a modern and stylish living space. With their open, flexible floor plans, lofty ceilings, and exposed wooden beams, barn homes offer a blend of traditional and contemporary design elements that create a warm and inviting atmosphere, while being tailored to the needs and preferences of the homeowner.
In addition to their unique character, barn homes also offer a sense of history and charm that is hard to find in traditional housing. Many of them have a rich and storied past, with some dating back decades or even centuries.
If you relish life on the high seas (or at a marina on the bay), consider a floating home. These aquatic abodes differ from houseboats in that they remain on the dock rather than traverse the waterways. While most popular on the West Coast (remember “Sleepless in Seattle”?), you sometimes see them in Florida, with a few rentals available in Baltimore’s Inner Harbor and infrequent sales at our own D.C. Wharf. Along with the sense of community found in marinas, floating homes offer a peaceful retreat from the hustle and bustle of city life.
From tiny homes on wheels to treehouses in the sky or homes that float, these distinctive dwellings offer a fresh perspective on how we live and modify traditional thoughts on what a house should be. Sadly, most of these homes rely on appropriate zoning for building and placement, which can limit their use in urban or suburban areas.
Nonetheless, whether you’re looking for a sustainable and eco-friendly living option or a whimsical retreat, there is sure to be an unconventional housing option that speaks to your sense of adventure and creativity. So, why settle for a run-of-the-mill ranch or a typical townhouse when you can live in a unique and intriguing space that reflects your personality and lifestyle?
Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
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