ECN Forum Forums Code Related Discussion NEC & other Code issues Future less restrictive code trumps present code?

If a condition is permitted under the 2008 NEC, but violates the 2005 NEC will it nevertheless be issued a violation, by a municipality that has not yet adopted the 2008 code and is still operating under the 2005 Code? (NYC).
(Specifically I am concerned with 690.64(B)(2) which is LESS RESTRICTIVE in 2008 than in 2005.

Will that violation in general automatically be removed (voided, nullified) when the city adopts the 2008 code?