In Livbros LLC v. Vandenburgh, 179 Misc2d 736 (Civ Ct Kings Co. 1999) a tenant changed his mind and decided to remain in possession pursuant to the renewal lease terms after having given written notice to the landlord of his intention not to renew and thereafter seeking to claim the benefit of the notice provisions of the RSC. The Court, in holding that the voluntary surrender terminated any rights the tenant may have had under the RSC noted that "while the Rent Stabilization Code applies to a tenant's refusal to sign a renewal lease, it has no application where a tenant specifically and voluntarily makes known his intention to vacate the premises upon the termination of the lease. At the expiration of the lease, the tenant's right to the continuation of a tenancy has expired" ( Livbros LLC supra at 738).