So my question is still there can we apply 220.82 while site itself has 208, 3ph (each apartment will have a feed 208, 1 phase) incoming service?
Yes your referring to a 'open wye', many places in the code refer to 'open wye' systems, such as
Article 220 220.61(C)
"a 3-wire circuit consisting of 2 ungrounded
conductors and the neutral conductor of a 4-wire, 3-phase,
wye-connected system"
And a slight variation in Article 310.15 (E)(2), 400.5(A), 520.44
"a 3-wire circuit consisting of two phase conductors
and the neutral conductor of a 4-wire, 3-phase, wye-connected
system"
Open wye is often confused with with split phase systems where neutral current can sum to 0.
the NEC should really add a definition of open-wye to assist code users in understanding these systems, and the way its referenced technically but unintentionally exempts a open wye configured transformer bank