UC Berkeley sued over mold in housing.
Father files on behalf of his suffering son

Albany -- A student at the University of California at Berkeley and his son filed a
class-action lawsuit against the university yesterday, saying that married student
housing in Albany is contaminated with dangerous mold.

David Augustus Garcia, a four-year resident of the University Village Apartments in
Albany, said his 18-month-old son, Elias David Garcia, has coughs, congestion,
runny nose, eye irritation and breathing problems because of mold in their apartment.

The suit, filed in Alameda County Superior Court, accuses the university of,

among other things, negligence and nuisance and asks for unspecified damages
as well as an order requiring the university to remove the mold and repair the premises.

"The university has a responsibility in providing student housing to provide safe housing,
and it has not," said an attorney for the plaintiffs, Ken Kasdan of Irvine. "They're renting
these units and they know there's a problem."

Kasdan, whose firm specializes in construction-defect and mold-related cases, said he
wants the suit certified as a class action because he believes that more than 800
student residents have potentially been exposed to mold or fungi, which could lead to
health problems.

UC Berkeley spokeswoman Janet Gilmore said yesterday that she had not seen the
suit so she could not comment on it.

Bob Jacobs, the university's director of housing facilities, also would not comment on
the suit, but said officials have met with residents to discuss the presence of mold at
the 950-unit housing complex on Eighth Street in Albany.

"We are being as proactive as we can with residents," Jacobs said. "We have been
keeping them informed as to what's going on. We are putting together a panel of
experts to meet with us and make recommendations."

Residents also have been given flyers about mold from the university's health center
stating that "each person reacts differently to molds" and that those who suspect they
are experiencing symptoms to mold exposure should contact their doctor.

Jacobs confirmed that tests conducted last year revealed "elevated presence of mold"
in about 30 of 52 apartments that were built in the 1960s. Higher levels were found in
two apartments, and those families have moved, Jacobs said.

Other sections of the complex include units built in the 1940s and brand- new apartments.
Those buildings are believed to be mold-free, Jacobs said.

Kasdan cited U.S. Environmental Protection Agency research indicating that mold can
cause toxic reactions in people whose immune systems are weakened. Certain molds
excrete microtoxins that can cause cancer, he said.

According to the suit, the premises were defective in that inadequate waterproofing
and weather protection allowed for the growth of mold and fungi.

At times, Elias must breathe every three hours with the help of a compressor nebulizer,
a device often used by asthmatics, said another attorney for the plaintiffs,
David G. Epstein of Irvine.

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