Panel Hears Competing Views on SB 6091 to Limit Pocket Listings; Realtors, Tech Firms and Fair‑Housing Groups Testify

The Consumer Protection and Business Committee heard extensive testimony Feb. 18 on substitute SB 6091, which would prohibit real-estate brokers from marketing the sale or lease of residential property to a limited or exclusive group of buyers or brokers unless the property is concurrently marketed to the public.

Megan Mulvihill, committee staff, summarized changes from the House companion: the prohibition is no longer framed as an unfair practice under the Washington law against discrimination and the bill clarifies that public marketing does not require a seller to allow access to a residence.

A senator who identified himself in the hearing as Marco Leah, introduced the bill as a measure to preserve an open and competitive marketplace; he said the Senate passed an earlier version unanimously, 49–0.

Witnesses supporting the bill included Anna Boone (Zillow), who said private exclusive networks limit transparency and raise fair‑housing concerns; Ryan Donahue (Habitat for Humanity Seattle‑King and Kittitas Counties), who said off‑market listings can reinforce segregation; and Adria Buchanan (Fair Housing Center of Washington), who said withholding listings undermines affirmative marketing obligations. Lucy Wood (Windermere Real Estate) and Washington Realtors (Bill Clark and James Fisher) also voiced support for public marketing while clarifying the bill allows concurrent private marketing so long as the listing is also publicly available and that sellers retain control over property access.

Daniel Bannon (Rental Housing Association of Washington) registered opposition limited to the inclusion of the word "lease," arguing that the bill as drafted could inadvertently apply to some rental housing providers who are brokers while leaving others outside the statute; Representative Ryu indicated willingness to champion an amendment to address that concern. Noel Lee (Mindcast AI) offered analytic testimony critical of Compass and private‑listing practices; Lee cited court filings and public records in questioning industry tactics.

Committee members probed whether concurrent private/public marketing could still produce exclusionary outcomes and whether brokers could offer differential incentives to private groups; witnesses and staff said agency duties and existing statutes would govern discriminatory practices and that the bill focuses on marketing availability rather than dictating marketing method. Members also asked staff to confirm whether statutory definitions of "lease" and "rental" should be modified to match the bill’s intent.

The committee closed the public hearing on SB 6091 after receiving testimony from industry, consumer‑protection groups and housing advocates; members signaled interest in technical amendments on scope and definitions.