"Factors to be considered in determining whether a condition or defect constitutes an actionable breach of the warranty include: (1) whether the condition violates a housing law, regulation, or ordinance; (2) the nature and seriousness of the defect; (3) the effect of the defect on safety and sanitation; (4) the length of time the condition has persisted; and (5) the age of the structure." . . . . .