Some landlords will skip giving you this information. The New York City Council voted to change the MBR formula so that it reflects what was intended in 1970 when the MBR law first went into effect. This change went into effect on September 30, 1997. Tenants and their advocates are supporting this new law, but there is a legal battle over whether or not the state has to follow the new city law. This battle will not be resolved immediately.
Tenants have the choice to pay or withhold the increase.
You should pay if you are unwilling or unable to appear in Housing Court if your landlord brings a non-payment action against you. Tenants who wish to withhold the increase until the courts decide the issue can do so if they follow the guidelines below. Pay the rent you have been paying up to now but put aside and save the amount of the increase plus the monthly retroactive amount. You must save this amount every month. There may be a temporary solution to the dispute in mid-October, but a full resolution may not come for months.