1358 40 Street

Brooklyn, NY

BBL 3-05297-0030BIN 3123249Plain-text version

Concern level4 of 4

Severe

015 open class-C HPD violations (immediately hazardous) across 6 apartments
021 active DOB violation(s)
031 OATH/ECB fine lost by default (unpaid)

How this is set: open hazardous violations measured against the building's size, then raised by strong distress signals — HPD's enforcement program, court harassment findings, recent evictions, unpaid OATH/ECB fines, open housing-court cases, and a sold tax lien. Neighborhood noise and crime are not part of it. It describes the public record, not the condition of any one apartment, and a quiet record is not proof of a good building.

Rent regulation

Not on the rent-stabilized list

Not found in the DOF tax-bill records nor the 2024 DHCR registered building list. Absence isn't proof a unit is unregulated — buildings can be missing or newly deregulated.

No public data says which specific apartment is stabilized.

Registration counts apply to the building, not to unit numbers. To confirm your own apartment, request your rent history from New York State Homes and Community Renewal — it is free and takes a few weeks.

How to request your rent history →

Rent regulation

The building

1931

Built

Floors

Residential units

Walk-up apartments

Type

The building

This building and the landlord's others

This building8 others linked to the same owner

HPD housing-maintenance violations

Open now

On record

Open Class C

Open Class B

Open Class A

Class C is immediately hazardous, Class B is hazardous, Class A is non-hazardous. A violation stays open until HPD certifies the repair, so some open items may already be fixed. HPD writes a separate violation for each room or spot, so one inspection can produce several near-identical entries; those are grouped below by apartment and date.

CLASS C · IMMEDIATELY HAZARDOUSApt 5Issued 2011-07-085 violations5+ YRS OLD

§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) 1st WINDOW FRAME FROM SOUTH AT WEST WALL, 2nd WINDOW FRAME FROM SOUTH AT WEST WALL IN THE 4th ROOM FROM EAST AT NORTH LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST
§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) 1st DOOR FRAME FROM EAST AT SOUTH WALL IN THE BATHROOM LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST

3 more from the same inspection

§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) 1st DOOR FRAME FROM NORTH AT EAST WALL, 2nd DOOR FRAME FROM NORTH AT EAST WALL, WEST WALL IN THE 2nd ROOM FROM EAST AT SOUTH LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST
§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) EAST WALL, 1st WINDOW FRAME FROM SOUTH AT WEST WALL IN THE 4th ROOM FROM EAST AT SOUTH LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST
§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) WEST WALL, 1st WINDOW FRAME FROM WEST AT NORTH WALL IN THE 1st ROOM FROM EAST LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST

Status: Defect letter issued

CLASS B · HAZARDOUSIssued 2008-06-035+ YRS OLD

D26-10.01, 10.05 ADM CODE AND DEPT. RULES AND REGULATIONS. REMOVE THE ENCUMBRANCE OBSTRUCTING EGRESS FROM FIRE ESCAPES 2 STY BALCONY REAR.

Status: Landlord hasn't certified a fix

CLASS B · HAZARDOUSIssued 2005-07-145+ YRS OLD

SECTION 27-2005 ADM CODE PROVIDE APPROVED TYPE WIRE SCREEN ABOVE AND BELOW AT SKYLIGHT, ROOF

Status: Landlord hasn't certified a fix

CLASS A · NON-HAZARDOUSApt 1Issued 2008-06-035+ YRS OLD

D26-12.01 ADM CODE PAINT WITH LIGHT COLORED PAINT TO THE SATISFACTION OF THIS DEPARTMENT WALLS & CLGS BATHROOM & KITCHEN 1 STY APT 1 FRONT. , SECTION '' ''

Status: HPD couldn't get in to re-inspect

HPD housing-maintenance violations

311 complaints from tenants

No 311 housing complaints on record for this building.

311 complaints from tenants

Neighborhood noise

Much lower than averagevs. NYC apartment blocks

Noise reports · last 12 mo

≈ per month

% from neighbors

Residential9

Vehicle9

Commercial3

Unspecified2

Street/Sidewalk2

311 noise complaints within about 1,000 ft (a few blocks) in the last year. Most reports here are about outdoor noise (mostly residential) — street life and traffic more than neighbors. This counts how often people call 311, which tracks how densely populated and busy an area is as much as how loud it is — it is not a sound measurement.

Neighborhood noise

Neighborhood crime

Much lower than averagevs. NYC apartment blocks

NYPD reports · last 12 mo

≈ per month

Felony17

Misdemeanor25

Violation7

NYPD complaints reported within about 1,000 ft (a few blocks) in the last year, by severity. This reflects what gets reported and where police are active as much as actual safety, and busier, denser, higher-foot-traffic blocks log more. Locations are approximate — the NYPD shifts each report to the nearest corner for privacy — so read this as rough context, not a safety score.

Neighborhood crime

Bedbug history

No bedbugs reported

The owner filed 7 annual bedbug reports and reported no infested units. Filing with zero infestations is the compliant, reassuring case.

Bedbug history

DOB building violations

Active

On record

Active, last 3 yrs

Violations issued by the Department of Buildings that the owner must correct. Most don't carry a fine on their own; summonses that go to a hearing and can be fined are listed separately under OATH/ECB.

ACTIVE · LBLVIO-LOW PRESSURE BOILER BOILER REQUIRED2023-04-25

VIOLATION ISSUED-FAILURE TO FILE 2022 EXTERNAL LOW PRESSURE INSPECTION

DOB building violations

OATH/ECB violations and fines

$12,500

Balance due (active)

Active violations

Lost by default

These are separate from DOB violations. They are summonses written by DOB inspectors and decided at a hearing before OATH, the city's administrative court (formerly the Environmental Control Board), and they can carry a fine. "Lost by default" means the owner never appeared at the hearing. An unpaid balance is a stronger "ignoring the city" signal than a raw violation count.

DEFAULTConstructionClass 12026-06-04$12,500 due

OATH/ECB violations and fines

Evictions

No marshal-executed evictions on record for this building. Eviction cases filed in court but not carried out aren't included.

Evictions

Housing court: repair & harassment cases

No HPD housing-court cases on record for this building.

These are cases HPD is a party to, mostly tenants suing to force repairs or stop harassment. Eviction cases landlords file against tenants are not in the city's open data, so they don't appear here; the Evictions section shows only evictions a marshal carried out.

Housing court

Landlord and related buildings

Registered owner

DAVE FRIEDMAN 3 LLC

Head officer

DAVE FRIEDMAN

Managing agent

ABE FRIEDMAN

8 other buildings share this owner's registration contacts. Shared contacts suggest common control, but they are not proof of ownership.

1112 47 STREETBROOKLYN 1157 38 STREETBROOKLYN 1161 38 STREETBROOKLYN 1317 41 STREETBROOKLYN 555 WEST 184 STREETMANHATTAN

Landlord and related buildings

Ownership & money

Recorded sales

Mortgages / refinances

Last recorded sale2012-11-21 · no recorded price

Most recent mortgage2002-10-23 · $85,000

Sale2012-11-21no recorded price

FRIEDMAN, DAVE → DAVE FRIEDMAN 3, LLC

Mortgage2002-10-23$85,000

borrower FRIEDMAN, DAVE · lender LICHTENSTEIN, GITTY

Mortgage2002-07-25$60,000

borrower FRIEDMAN, DAVE · lender ROSENBERG, MIRIAM

Mortgage1989-12-22$20,000

borrower FRIEDMAN, DAVE · lender INTRATER, RACHEL, MLYNARSKI, DAVID, MLYNARSKI, ANNA, INTRATER, LEIB

Mortgage1989-10-02$20,000

borrower FRIEDMAN, DAVE · lender INTRATER, LEIB, MLYNARKSI, DAVID, MLYNARSKI, ANNA, INTRATER, RACHEL

From ACRIS recorded documents. Amounts are often $0 or nominal for transfers between related parties, and LLCs can obscure who is really involved — treat this as public-record context, not a valuation.

Ownership & money

City debt & tax-lien sale

Not on the city's tax-lien sale list (2019–2025). The owner has not fallen far enough behind on property tax or water charges to be flagged for a lien sale.

City debt & tax-lien sale

CLASS C · IMMEDIATELY HAZARDOUSApt 5Issued 2011-07-085 violations5+ YRS OLD

§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) 1st WINDOW FRAME FROM SOUTH AT WEST WALL, 2nd WINDOW FRAME FROM SOUTH AT WEST WALL IN THE 4th ROOM FROM EAST AT NORTH LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST
§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) 1st DOOR FRAME FROM EAST AT SOUTH WALL IN THE BATHROOM LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST

3 more from the same inspection

§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) 1st DOOR FRAME FROM NORTH AT EAST WALL, 2nd DOOR FRAME FROM NORTH AT EAST WALL, WEST WALL IN THE 2nd ROOM FROM EAST AT SOUTH LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST
§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) EAST WALL, 1st WINDOW FRAME FROM SOUTH AT WEST WALL IN THE 4th ROOM FROM EAST AT SOUTH LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST
§ 27-2056.6 ADM CODE - CORRECT THE LEAD-BASED PAINT HAZARD - PAINT THAT TESTED POSITIVE FOR LEAD CONTENT AND THAT IS PEELING OR ON A DETERIORATED SUBSURFACE - USING WORK PRACTICES SET FORTH IN 28 RCNY §11-06(B)(2) WEST WALL, 1st WINDOW FRAME FROM WEST AT NORTH WALL IN THE 1st ROOM FROM EAST LOCATED AT APT 5, 3rd STORY, 1st APARTMENT FROM SOUTH AT WEST

Status: Defect letter issued