Bellingham voters will decide in November whether to ban landlords from using algorithmic software to coordinate rental prices, after the Whatcom County Auditor's Office confirmed last week that Initiative 26-01 gathered enough valid signatures to qualify for the ballot.
The Whatcom County Auditor's Office issued a Certificate of Sufficiency for the initiative on July 2, confirming that petition organizers gathered enough verifiable signatures from registered Bellingham voters to place the measure before the public. The vote takes place November 3, 2026. Initiative 26-01 is the only local initiative on Whatcom County's November ballot.
What the Initiative Would Do
If approved by voters, Initiative 26-01 would prohibit two or more landlords from agreeing to establish rental prices -- a form of price coordination that has accelerated with the growth of data analytics platforms. More specifically, the measure bans landlords from subscribing to paid algorithmic services that use market data from multiple competing landlords to recommend optimal rental prices, renewal terms, or occupancy targets.
The measure takes direct aim at tools like RealPage, a property management software platform that has become the subject of antitrust litigation in multiple states. RealPage and similar products collect leasing data from thousands of properties across a market and feed it into algorithms that suggest pricing to subscribing landlords. Critics argue this effectively creates coordinated pricing among competitors who would otherwise be setting rates independently -- producing rents higher than a truly competitive market would generate.
The initiative was organized by Community First Whatcom, a local housing advocacy group active in Bellingham policy debates for several years. The full petition text is available through the Whatcom County website.
Why Bellingham Housing Costs Are Under Scrutiny
Bellingham's rental market has drawn increasing attention as housing costs have risen faster than incomes. Cost-of-living data puts Bellingham's overall costs approximately 39 percent above the national average -- a figure reflecting both the area's desirability and significant constraints on housing supply in a city bounded by the bay, hills, and growth management requirements.
The city has seen notable growth in rentals managed by professional property management companies over the past decade, driven partly by out-of-market investment and partly by expanding student housing demand near Western Washington University and Bellingham Technical College. As professional management has grown, so has adoption of the same algorithmic pricing tools the initiative targets.
Washington Attorney General Nick Brown, who visited Bellingham last month, has filed a separate lawsuit against RealPage at the state level, arguing that the company and subscribing landlords conspired to inflate housing prices in violation of state consumer protection and antitrust law. Brown specifically cited Bellingham as a market where housing cost concerns are consistently raised by residents, noting that housing affordability anxiety is not a Seattle-only phenomenon in Washington.
Enforcement, Penalties, and What Opponents Say
Initiative 26-01 would create a private right of action for enforcement, meaning individual tenants who believe a landlord violated the ban could file suit directly without waiting for city or county government to act. The measure includes whistleblower and anti-retaliation protections for tenants and employees who report violations, and authorizes both civil and criminal penalties for landlords found in violation.
Similar algorithmic pricing bans have been pursued or adopted in Seattle, Portland, and San Francisco. The Bellingham initiative would be among the first in Washington to reach voters directly through the citizen initiative process rather than through city council action. No formal opposition campaign had been announced as of press time, though landlord groups in other cities have argued that algorithmic pricing tools are legitimate market efficiency instruments rather than price-fixing.
What Happens Between Now and November
The initiative moves through formal ballot certification. The Bellingham City Council and Whatcom County Elections will coordinate on ballot language, and voters will receive pro and con statement booklets before November 3.
Only voters registered within Bellingham city limits are eligible to vote on Initiative 26-01. Residents of unincorporated Whatcom County and other cities in the county will not see the measure on their ballots. The November ballot also includes Lynden's proposed property tax increase, state legislative races, and federal contests -- making it one of the more consequential off-year ballots Bellingham voters will see outside a presidential election year.
Voter registration in Washington remains open through October 25. Ballots for the November 3 general election will be mailed to registered voters in mid-October. Community First Whatcom is expected to launch a formal voter education campaign as summer progresses.
