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The new weight and breed rules do not apply to service dogs or to residents of Section 8 subsidized apartments, which NYCHA does not manage. But those who have had dogs over 40 pounds since 2002 and did not register them with the housing authority at that time may now face eviction. Some residents have already been told to remove their dogs. "Over the years, we had been getting an increasing number of complaints about problems associated with dangerous dogs; dogs that are used for fighting, dogs that are attack dogs, and dogs that are not being handled and trained properly by their owners," says NYCHA spokesman Howard Marder when asked what prompted this latest change. Many New Yorkers, NYCHA and non-NYCHA residents alike, were taken aback by the public housing authority's seeming haste to put the new weight and breed bans into effect. In addition to some initial glaring missteps, like the publication of a list containing the names of 27 so-called 'dangerous breeds' (which included the likes of Boston Terriers) the new rules seemed to contradict a New York State law which has long prohibited state municipalities from making laws which ban the ownership of specific Dog Breeds. To that, Mr. Marder says, "NYCHA is not a municipality. Therefore the rule does not apply." However, he says, NYCHA met with city animal advocacy organizations prior to implementing the new rule because "we didn't take [this] change lightly."

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