November 20, 2014 - Photocopies of Checks Are Not "Paid Receipts" pursuant to Chicago RLTO Section 5-12-080(d).
The First District Court of Appeals in Illinois has now stated a clearer definition of what constitutes a copy of a "paid receipt" under the Chicago RLTO Section 5-12-080(d) in their recent holding from Boyer v Buol, 2014 IL App. 132780 (1st. 4th Division, November 20, 2014).
Paragraph 46: "We note initially that the Ordinance (Chicago RLTO) does not define the term receipt nor do the parties cite to any law as to its meaning. However, Black's Law Dictionary defines a receipt as "[a] written acknowledgement that something has been received." Black's Law Dictionary 1382 (9th Ed. 2009); see also Miriam-Websters New Collegiate Dictionary 714 (7th ed. 1969) (defining "receipt" as "a writing acknowledging the receiving of money or goods"). Thus in order to qualify as a receipt, the documentation provided defendants would have to show that the $220.00 in question was actually received by Bolek & Lolek. This requirement is not satisfied by a photocopy of a check that has not been negotiated by the payee. A photocopy of an unnegotiated check can easily be produced without the check being given to anyone, just like a picture of cash." (emphasis added).
Paragraph 47: "Accordingly, we affirm the trial courts finding that defendants failed to furnish plaintiff copies of paid receipts for the work done to her former apartment, in violation of section 5-12-080(d) of the Ordinance."