Is the accommodation “reasonable”?
As the majority properly notes, the reasonable accommodations provision “‘does not require adjustments or modifications to existing programs that would be substantial, or would fundamentally alter the nature of the program, or pose an undue hardship or substantial burden.'” Maj. Op. at 16 (quoting Salute, 918 F. Supp. at 667). In considering whether a proposed accommodation is mandated by the FHAA, a court must balance the plaintiff’s interest in equal housing against the defendant’s interest in the integrity of the scheme that would be altered as a result of the accommodation. Cf. Alexander v. Choate, 469 U.S. 287, 300 (1985). Our court has held that “the determination of whether a particular modification is ‘reasonable’ involves a fact-specific, case-by-case inquiry that considers, among other factors, the effectiveness of the modification … and the cost to the organization that would implement it.” Staron v. McDonald’s Corp., 51 F.3d 353, 356 (2d Cir. 1995). In the case at hand, a