(a) (i) The tenant has failed to pay rent due and owing, provided
however that the rent due and owing, or any part thereof, did not result
from a rent increase which is unreasonable. In determining whether all
or part of the rent due and owing is the result of an unreasonable rent
increase, it shall be a rebuttable presumption that the rent for a
dwelling not protected by rent regulation is unreasonable if said rent
has been increased in any calendar year, after the effective date of
this article, or after the effective date of the local law in any
village, town, or city that enacts such local law to apply this article
to such village, town, or city pursuant to subdivision one of section
two hundred thirteen of this article, by an amount greater than the
local rent standard, provided further that no rent increase less than or
equal to the local rent standard shall be deemed unreasonable.