38 West 40 Street

Manhattan, NY 10018BBL 1-00841-0071Map

Owner of record: Philips Bryant Park LLC

38 West 40 Street is a hotel built in 1924 in Manhattan, 10018. The owner of record is Philips Bryant Park LLC. HPD has recorded 6 housing violations here, most recently on November 15, 2023.

HPD violations: 6
DOB violations: 88
ECB violations: 30
HPD complaints: 1

What to know

Good

No open Class C

No open immediately-hazardous violations among recent records.

Good

Last violation Nov 15, 2023

Date of the most recent HPD inspection that found a problem.

Good

No unpaid ECB fines

No balance due on recent ECB violations.

Rent stabilization

No rent-stabilized units in 2018–2024 tax bills

Some apartments can still be regulated. Use the rent-stabilized checker or request the rent history from HCR.

Violations

Most recent first. Showing up to 50 per agency.

HPD housing violations · 6

IInformation / order
And is therefore subject to civil penalties, prohibited from certifying violations, and denied the right to recover possession of premises for nonpayment of rent until a valid registration statement is filed.
Nov 15, 2023
Closed — Violation dismissed
ANon-hazardous
File annual bedbug report in accordance with hpd rule as described on the back of this notice of violation or as described on hpds website, www.nyc.gov\hpd, search bed bugs.
Mar 15, 2023
Closed — Violation dismissed
IInformation / order
And is therefore subject to civil penalties, prohibited from certifying violations, and denied the right to recover possession of premises for nonpayment of rent until a valid registration statement is filed.
Nov 2, 2022
Closed — Violation dismissed
ANon-hazardous
File annual bedbug report in accordance with hpd rule as described on the back of this notice of violation or as described on hpds website, www.nyc.gov\hpd, search bed bugs.
Feb 16, 2022
Closed — Violation dismissed
IInformation / order
And is therefore subject to civil penalties, prohibited from certifying violations, and denied the right to recover possession of premises for nonpayment of rent until a valid registration statement is filed.
Feb 16, 2022
Closed — Violation dismissed
ANon-hazardous
File annual bedbug report in accordance with hpd rule as described on the back of this notice of violation or as described on hpds website, www.nyc.gov\hpd, search bed bugs.
Apr 1, 2021
Closed — Violation dismissed

DOB building violations · 88

Elevator elevatorrequired
E-elevator elevatorrequired
Aug 16, 2021
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Aug 16, 2021
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Aug 16, 2021
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Oct 9, 2020
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Oct 9, 2020
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Oct 9, 2020
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Oct 9, 2020
Dob violation - resolved
Elevator affirmation of correction elevatorrequired
Vio issued to elevator - fail to correct defects on 2017 cat 1 insp/tst tst
Sep 6, 2019
Dob violation - dismissed
Elevator affirmation of correction elevatorrequired
Vio issued to elevator - fail to correct defects on 2017 cat 1 insp/tst tst
Sep 6, 2019
Dob violation - dismissed
Elevator affirmation of correction elevatorrequired
Vio issued to elevator - fail to correct defects on 2017 cat 1 insp/tst tst
Sep 6, 2019
Dob violation - dismissed

Show 40 more ↓

Elevator elevatorrequired
E-elevator elevatorrequired
Jun 12, 2019
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Jun 12, 2019
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Jun 12, 2019
Dob violation - resolved
Facade safety program facade required
Fisp-facade safety program facade required
Feb 20, 2019
Dob violation - active
Elevator elevatorrequired
E-elevator elevatorrequired
Dec 26, 2018
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Dec 26, 2018
Dob violation - resolved
Elevator affirmation of correction elevatorrequired
Vio issued to elevator - fail to correct defects on 2016 cat 1 insp/tst
Jan 26, 2018
Dob violation - dismissed
Elevator affirmation of correction elevatorrequired
Vio issued to elevator - fail to correct defects on 2016 cat 1 insp/tst
Jan 26, 2018
Dob violation - dismissed
Elevator affirmation of correction elevatorrequired
Vio issued to elevator - fail to correct defects on 2016 cat 1 insp/tst
Jan 26, 2018
Dob violation - dismissed
Elevator affirmation of correction elevatorrequired
Vio issued to elevator - fail to correct defects on 2016 cat 1 insp/tst
Jan 26, 2018
Dob violation - dismissed
Elevator elevatorrequired
E-elevator elevatorrequired
Aug 3, 2017
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Aug 3, 2017
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Aug 3, 2017
Dob violation - resolved
Low pressure boiler boiler required
Violation issued for failure to file annual boiler 2015 inspection report
Feb 24, 2017
Dob violation - dismissed
Low pressure boiler boiler required
Violation issued for failure to file annual boiler 2015 inspection report
Feb 24, 2017
Dob violation - dismissed
Elevator elevatorrequired
E-elevator elevatorrequired
Jul 30, 2015
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Jul 30, 2015
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Jul 30, 2015
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Jul 30, 2015
Dob violation - resolved
Low pressure boiler boiler required
Violation issued for failure to file annual boiler 2012 inspection report
May 15, 2014
Dob violation - dismissed
High pressure boiler boiler required
Violation issued for failure to file 2012 annual high pressure boiler inspection
May 15, 2014
Dob violation - dismissed
High pressure boiler boiler required
Violation issued for failure to file 2012 annual high pressure boiler inspection
May 15, 2014
Dob violation - dismissed
Low pressure boiler boiler required
Violation issued for failure to file annual boiler 2012 inspection report
May 15, 2014
Dob violation - dismissed
Elevator elevatorrequired
E-elevator elevatorrequired
Jun 27, 2013
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Jun 26, 2013
Dob violation - resolved
Elevator annual inspection / test elevatorrequired
Violation issued to elevator-failure to file category 1 2011 inspection/test
Oct 1, 2012
Dob violation - dismissed
Elevator elevatorrequired
E-elevator elevatorrequired
Aug 14, 2012
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Aug 14, 2012
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Aug 14, 2012
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Aug 14, 2012
Dob violation - resolved
Elevator annual inspection / test elevatorrequired
Violation issued to elevator-failure to file category 1 2010 inspection/test
Dec 13, 2011
Dob violation - dismissed
Fail to certify class 1 none
Failure to certify correction on immediately hazardous (class 1) ecb violation
Dec 2, 2010
Dob violation - dismissed
Elevator annual inspection / test elevatorrequired
Vcat1-elevator annual inspection / test elevatorrequired
Oct 8, 2010
Dob violation - dismissed
Elevator elevatorrequired
E-elevator elevatorrequired
Jun 4, 2010
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Jun 4, 2010
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Jun 4, 2010
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Jun 4, 2010
Dob violation - resolved
Emergency power none
Ll2604e-emergency power none
Mar 31, 2008
Dob violation - dismissed
Elevator elevatorrequired
E-elevator elevatorrequired
Feb 15, 2008
Dob violation - resolved
Elevator elevatorrequired
E-elevator elevatorrequired
Feb 15, 2008
Dob violation - resolved

ECB violations · 30

Class - 2
Observed sidewalk shed erected at exposure #1 observed a 1foot gap between the shed and the facade create an unsafe condition for pedestrian walking under the shed. there were no work taken, place a time of in
Sep 24, 2024
Resolve
Class - 1
At time of inspection observed no bicycles locked to sidewalk shed, other violation not related to complaint, work and storage zones adjacent to sidewalk shed requires a 4 foot solid plywood fence and wire mesh
Sep 24, 2022 · Penalty $2,500
Resolve
Class - 1
Failure to promptly notify dept of an accident or damage to adjoining property. site safety manager failed to notify dept of injured worker until the following day. remedy:notify dept immediately when incident/
Sep 13, 2022 · Penalty $2,500
Resolve
Class - 2
Pedestrian protection does not meet code specifications.at the time ofinspection of 23 story building under facade repair observed sidewalk shed eroded in place at exposure#1 and the sidewalk shed deck was not
Apr 18, 2022 · Penalty $625
Resolve
Class - 1
Bc 3307.4.6 prohibited signs or advertisement on sidewalk shed at the time of inspection of sidewalk shed observed commercial advertisement on the sidewalk shed parapet,parapet was fully wrapped with advertisem
Apr 18, 2022 · Penalty $625
Resolve
Class - 2
Temporary construction equipment on site.expired permit(sidewalk shed)note:at time of inspection of 23 stry hotel building observed sws at exp #1 with expired permit since 4/1/20.remedy:renew permit
Mar 21, 2022
Resolve
Class - 1
Bc3307.4.6 advertisement sign on sidewalk shed.note:at time of inspection of 23 story hotel building observed sws installed at exp #1 with commerical advertisement banner wrapped fully around sws parapet contra
Mar 21, 2022 · Penalty $2,500
Resolve
Class - 2
Failure to file acceptable amended cycle 8c report indicating correction of unsafe conditions in initial facade reports required by 28-302.5for control#802252.remedy:file acceptable report.
Oct 8, 2021 · Penalty $1,250
Active
Class - 1
Work does nto conform to approved construction documents and/or approved amendments.at time of inspection on a 23 story building observed sws erected at exp1.upon reviewing sidewalk shed drawings did not indica
May 11, 2021 · Penalty $625
Resolve
Class - 2
Pedestrian protection does not meet code specification.at time of inspection on a 23 story building observed sws erected at exp1 observed column was in the middle of the pathway did not meet the requirements wi
May 11, 2021 · Penalty $625
Resolve

Show 20 more ↓

Class - 2
Required signs. note: at the time of my inspection,i observed sidewalk shed erected at exp#1. i also observed that there wer no information panel posted on sidewalk sheds parapet. required information panels sh
Apr 2, 2019 · Penalty $625
Resolve
Class - 1
Occupancy contrary c of o #102018068 bar at cellar is arranged & occupied by more 150 persons w/o a certificate of operation. remedy: discontinue unlawful occupancy or amend c of o.
Aug 7, 2010 · Penalty $2,400
Resolve
Class - 1
Cease use.05i11,06n10,48v10,40o02.05i11-gate damaged - replace gate -o6n10 gate switch jumped bypassed - cease use - call dept of bldg before returning back to service 212-566-5542
Sep 11, 2009 · Penalty $1,000
Resolve
Class - 2
Work does not conform to approve construction documents. noted plans for supported scaffold show typical bsa set up, scaffold is not set up typically. remedy: conform to approved documents or amendments.
Aug 20, 2008 · Penalty $250
Resolve
Class - 2
Work does not conform to approved construction documents. noted outrigger beams are not rigged according to plans "approved". remedy: conform to approved documents or amendments.
Aug 20, 2008 · Penalty $250
Resolve
Class - 1
Inadequate safety measures: operation of hoisting equipment in unsafe manner. noted: lifelines & tie backs are attached to the same point, tie backs are bolted to wall. there is no pull test to inspect. no para
Aug 20, 2008 · Penalty $4,800
Resolve
Class - 1
No record of daily inspection of suspended scaffold performed by autherized person at site. remedy: maintain daily inspection records on site.
Aug 20, 2008 · Penalty $2,400
Resolve
Class - 1
Dismantled, modified supported scaffold w/o a scaffold certificate of completion. noted supported scaffold has been modified vertical bracing has been removed. guard rails and toe boards are missing.
Aug 20, 2008 · Penalty $2,400
Resolve
Class - 1
Use of supported scaffold w/o a scaffold user certificate. remedy: discontinue activity or obtain a supported scaffold user certificate.
Aug 20, 2008 · Penalty $400
Resolve
Class - 2
Failure to maintain adequate housekeeping. noted material and debris are excessive in work area on set back and scaffold.
Aug 20, 2008 · Penalty $400
Resolve
Non-hazardous
85bb05 86bb05 09i11 13b10 16m11 33020 38o02 38q03 33i04 44b07 39b11 59x10 64i10 66o02 51b07 58b09 09i11 replace damaged car floor tiles. 13b10 emergency ligh are dim repair as needed. 16m11 replace light guards
May 27, 2003 · Penalty $350
Resolve
Non-hazardous
75#05-perform and file for 5 yr test with this dept.
Mar 16, 2001
Resolve
Non-hazardous
75#05-perform and file for 5yr test with this dept.
Mar 16, 2001
Resolve
Non-hazardous
75#05-perform and file for 5 yr test with this dept.
Mar 16, 2001
Resolve
Hazardous
Failure to safeguard public & property affected by construction operation. noted: throughout window frames removed-window panes left unsecured & subject to failure (falling &/or cracking, & shattering on
Jul 13, 1999
Resolve
Non-hazardous
Failure to carry out permitted work in accordance with applicable lawsand regulations in that const activities are being cerformed other than on weekdays between the hours of 7am 6pm w/o a various 9am 6pm w/o
Jul 3, 1999
Resolve
Hazardous
Failure to provide adequate protection to sidewalks during construction operation. noted: temporary barricades not spaced properly as specified by dot permit. minimum 5' walkway-people can't
Jun 10, 1999 · Penalty $2,000
Resolve
Hazardous
Failure to proctect public and property during construction operaation noted at roof of adjoining eastward property brick and mortar debris impacted at sufficiant height as to caused holes in bulk head roof of
Jun 7, 1999 · Penalty $1,000
Resolve
Non-hazardous
Failuer to provide approved plans at time of inspection noted demolition of entire building taking place under permit 101769330 no stamped approval plans on site for full job no full set of plans on job remedy
Mar 9, 1999
Resolve
Non-hazardous
Work without permit noted throught out premises burnig of light metal duct work and heavy metal cast iron no fire watch or buring permit on site remedy stop work obtain permit s from dept of bldgs
Mar 9, 1999
Resolve

Complaints

General
Janitor/super
Sep 2, 2019 · Apt 4FE
Close

Sales history

No recorded sales in our data

Sales come from the NYC Department of Finance rolling sales file.

Building details

Building type: Hotel (H1)
Year built: 1924
Floors: 23
Residential units: —
Building area: 124,035 ft²
Lot area: 7,604 ft²
Zoning: C6-4.5
Community board: 105
Council district: 4
Block / lot: 841 / 71
Assessed value: $18,018,900
Landmark / historic district: INDIVIDUAL LANDMARK

HPD registration #144898, last renewed Oct 29, 2025.

Questions about 38 West 40 Street

Who owns 38 West 40 Street?

The owner of record in NYC Department of City Planning PLUTO data is Philips Bryant Park LLC.

Does 38 West 40 Street have violations?

Yes. NYC HPD has recorded 6 housing violations at this property.

Is 38 West 40 Street rent stabilized?

No rent-stabilized units appear in its 2018–2024 tax bills. Individual apartments can still be regulated, so request the rent history from NYS Homes and Community Renewal if unsure.

When was 38 West 40 Street built?

City records list 1924 as the year it was built.

Source: NYC Open Data (DCP PLUTO, HPD, DOB, ECB/OATH, DOF). Records can lag the city's systems. Data refreshed weekly.