BELLINGHAM, WA (MyBellinghamNow.com) – A judge has ruled in favor of a Bellingham couple who challenged the city’s ban on short-term rentals.

Court documents state that a Whatcom County Superior Court judge found the city’s ban on certain accessory dwelling units, or ADUs, is not being fairly applied.

Kathryn and Patrick Sutton sued the city in April 2025 over their ability to oversee short-term ADU rentals on their properties.

The city had originally passed an ordinance banning short-term ADU rentals in 2018 to combat housing supply issues. But Judge Robert Olson found that the city wasn’t applying its ban evenly to both ADUs that are attached to a residence – like an apartment – and detached ADUs.

Judge Olson also found the Suttons were in compliance with the city’s requirement that they live in the primary residence connected to an ADU.

City of Bellingham spokesperson Melissa Morin notes that the ruling still allows the city to uphold their ordinance regulating short-term rentals.

A separate lawsuit by the Suttons over owning more than one ADU property is ongoing.